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INTERNATIONAL BUSINESS AND TRADE

Dumping

U.S.:

• The Department of Commerce initiated an anti-dumping probe on orange juice imported from Brazil (22 ITR 272; 2/17/05).

• The Commerce Department made a final determination that China is dumping certain tissue paper products in the U.S. (Certain Tissue Paper from China, ITA; 22 ITR 236; 2/10/05).

• The Commerce Department determined that Canada is dumping soft wood lumber in the United States finding duties ranging from 3.98% to 16.1% are necessary to offset the unfair practice that involves Canadian companies selling at prices in the U.S. less than the home market price or cost of production (22 ITR 194; 2/3/05).

Imports

Brazil:

• The Ministry of Development and Trade lowered the import duty on 121 capital goods and products to 2% with an average duty on imported machinery and equipment of 18% (22 ITR 232; 2/10/05).

Textiles

U.S.:

• Certain woven, 100% cotton, double-napped, flannel fabric (HTSUS 5209.31.6050) for use in certain textile categories cut and sewn or assembled in eligible Caribbean basin countries are eligible for quota-free and duty-free treatment on import into the U.S. if all other fabrics are wholly formed in the U.S. from yarns wholly formed in the U.S. (22 ITR 233; 2/10/05).

INTERNATIONAL AGREEMENTS AND INVESTMENTS

Bilateral Agreements

Israel:

• New rules of origin will enable European Union countries to differentiate between products made in Israel and those made in disputed territories (22 ITR 238; 2/10/05).

Financing

U.S.:

• The U.S. Export-Import Bank signed a framework agreement with the Ministry of Finance of China making it easier to finance U.S. exports purchased by Chinese government agencies (22 ITR 184; 2/3/05).

IMMIGRATION

U.S. and China Enter Reciprocal Business Visa Agreement to Allow One-Year Terms to Boost Trade.

• An agreement was reached to extend the length of the business and tourist visas issued to the citizens of the United States and China effective January 15, 2005 to allow for multiple entries during the one-year period (22 ITR 85; 1/20/05).

USCIS Issues General Information About Proposed Changes to Form I-9 and Employer Sanctions.

• The Office of Business Liaison of USCIS published Employment Information Bulletin 101 containing general information about the Form I-9 on employment eligibility verification.

• Changes to the Form I-9 are expected in late 2005 or early 2006.

• The Bulletin provides general information on penalties for prohibited employment practices (82 IR 197; 2/24/05).

LEGISLATIVE AND LEGAL DEVELOPMENTS

Trade Deficits

U.S.:

• S. 355 was introduced to limit the U.S. trade deficit to 5% of the country’s Gross Domestic Product (GDP) to require the Office of the Trade Representative (USTR) to take certain actions in conjunction with Congress (22 ITR 254; 2/17/05).

Agriculture

U.S.:

• S. 328 would force the Treasury Department Office of Foreign Assets Control (OFAC) to lift the freeze now in place on payments due U.S. exporters and to withdraw the threat to adopt regulatory changes requiring Cuba to pay for agricultural goods before they have been shipped (22 ITR 267; 2/17/05).

Dumping

U.S.:

• The Court of Appeals for the Federal Circuit reversed the Court of International Trade ruling that the lower court dumping order should have included a broad range of preserved mushroom imports from Chile thereby reinstating the initial findings of the Department of Commerce (Takfat Trading Co. v. U.S., Fed.Cir. No. 04-1131-1174; 2/9/05; 22 ITR 270; 2/17/05).

Marking

U.S.:

• H.R. 445 would amend Section 304 of the Tariff Act of 1930 respecting the marking of imported home furniture (22 ITR 239; 2/10/05).

Textiles

U.S.:

• The U.S. Court of International Trade denied a request by the Department of Justice to stay the preliminary injunction thereby barring further consideration of the 12 safeguard petitions filed by the U.S. Textile Industry Association (CITA) (U.S. Association of Importers of Textiles and Apparel v. The United States, Ct. Int’l Trade, No. 04-00598, 1/31/05; 22 ITR 166; 2/3/05).

Trade

U.S.:

• S. 191 would provide duty-free access to the U.S. market for exports from 15 countries including least developed countries not covered by other trade preference programs including among others Sri Lanka, Afghanistan, Bangladesh, Cambodia, the Maldives and Nepal (22 ITR 172; 2/3/05).

Immigration

U.S.:

• HR 19 would require the Basic Pilot Program for employment eligibility verification to become mandatory to be phased in over a seven-year period (82 IR 200; 2/24/05).

PROTECTION AGAINST TERRORISM

Customs

U.S.:

• The Bureau of Customs and Border Protection announced its pilot program to process imports at the port of entry, Blaine, Washington for the Automated Commercial Environment (ACE) system for commercial truck processing required under the 2002 Trade Act requiring advanced electronic manifests on all cargo entering and leaving the U.S. by air, sea, rail or truck (22 ITR 174; 2/3/05).

• Applicants seeking to establish import or brokerage accounts to access the Automated Commercial Environment (ACE) Secure Data Portal will no longer be required to provide a statement certifying participation in the Customs-Trade Partnership Against Terrorism (C-TPAT), (70 Fed. Reg. 5,199; February 1, 2005; 22 ITR 175; 2/3/05).

Chemicals

U.S.:

• Chemical manufacturers would have to report separately the volume of chemicals manufactured in the U.S. and the volume imported under a proposed rule of the Environmental Protection Agency published January 26, 2005 (70 Fed. Reg. 3,659, January 26, 2005; 22 ITR 174; 2/3/05).

Sources: IR - Interpreter Releases, Federal Publications, Inc.; ITR - International Trade Reporter, Bureau of National Affairs, Inc.; IB-Bender’s Immigration Bulletin; ILT - Immigration Law Today, American Immigration Lawyers Association Monthly Journal; IL - International Lawyer, SMU School of Law; FT- Financial Times; KTF - Korea Trade Focus Monthly Newsletter (Korea International Trade Association) TE - The Economist Magazine; GATM - German American Trade Magazine published by the German American Chamber of Commerce; MAPI - Manufacturers Alliance Legal Analysis and Regulations; WSJ - Wall Street Journal; ILN/ABA-International Law News, American Bar Association; TMIJ-Tax Management International Journal, Bureau of National Affairs, Inc.; AILA - American Immigration Lawyer’s Association

International Law Bulletin is an international legal news digest published monthly as a service to Nelson Mullins’ clients and friends.  The articles are summaries of particular developments in the law and are not intended to be a solicitation or to render legal advice. This publication can be considered advertising under applicable laws.  Copyright 2005

Nelson Mullins Riley & Scarborough, L.L.P.

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