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*Admitted as an attorney in Germany

INTERNATIONAL BUSINESS AND TRADE

Agriculture

U.S.:

• An industry association letter petitioned the Treasury Department Office of Foreign Assets Control (OFAC) for reconsideration of a new OFAC rule which requires prior payment for shipments to Cuba of agricultural goods since the new rule will prevent a large number of U.S. exporters from carrying out obligations under existing contracts (22 ITR 480; 3/24/05).

Dumping

U.S.:

• Commerce Department made a final determination that India, Indonesia and Thailand are dumping bottled-grade polyethylene terephthalate resin (BG PET) in the U.S. (Bottled-Grade Polyethylene Terephthalate Resin from India, Indonesia, Thailand and Taiwan, ITA; 22 ITR 488; 3/24/05).
   

• The International Trade Commission initiated an investigation under Section 337 of the Tariff Act (1930) investigating fuel caps for use as original equipment by automobile manufacturers and for use as replacement parts in the automotive after market (22 ITR 403; 3/10/05).

Mexico:

• The WTO panel issued a preliminary ruling upholding complaints filed by the U.S. against a Mexican antidumping order issued on imported U.S. rice (22 ITR 446; 3/17/05).

Textiles

China:

• The apparel and textile industry outlined plans to create a self-imposed mechanism to halt disorderly export competition (22 ITR 386; 3/10/05).

Customs

U.S.:

• The Bureau of Customs and Border Protection (BCP) announced fraudulent mislabeling of Vietnamese catfish will be subject to antidumping duties and the perpetrators may be subject to criminal prosecution if the circumvention appears to be intentionally fraudulent to avoid the antidumping duty order entered in 2003 (22 ITR 389; 3/10/05).

INTERNATIONAL AGREEMENTS AND INVESTMENTS

NAFTA

Mexico:

• The Mexican Senate approved amendments to rules of origin for goods traded among Mexico, Canada and the U.S. under NAFTA liberalizing declarations for tea, spices, carrageenan, seasonings, precious metals, speed drive controllers, printed circuit assemblies, loud speakers, household appliances, thermostats, toys and parts for various equipment and machinery such as cathode ray tubes and batteries (22 ITR 482; 3/24/05).

Foreign Investments

Indonesia:

• A new law has been drafted governing investment which is expected to be passed before the end of 2005 to attract capital inflows which have evaporated since the 1997 financial crisis (22 ITR 437; 3/17/05).

Bilateral Agreement

U.S.:

• The Department of Homeland Security Bureau of Customs and Border Protection published interim rules implementing provisions of the U.S.-Chile Free Trade Agreement (22 ITR 396; 3/10/05).

Foreign Investments

India:

• Plans have been announced to lower tariffs for most imports, reduce corporate taxes and mobilize resources for infrastructure (22 ITR 346; 3/3/05).

IMMIGRATION

H1-B Quota to be Expanded For 2004/2005

• The USCIS announced the H1-B Visa Reform Act effective March 9, 2005, would be interpreted to allow an additional H1-B quota allocation for 20,000 additional visas to be used for the fiscal year 2004-2005 but it is not clear whether the expansion of the quota shall include all H1-B non-immigrant applicants or only those individuals holding a master’s degree or higher from a U.S. institution (82 IR 445; March 14, 2005).

USCIS Criteria for I-485 Adjustment Interviews

• Immigration Service Centers refer cases for adjustment interviews to district offices involving: a need for validation of identity or legal status; questionable admissibility or qualifications; apparent fraud; a second filing; an applicant with two fingerprint rejections; an applicant with a medical condition; or a file could not be located at the time of adjudication (82 IR 413; March 7, 2005).

LEGISLATIVE AND LEGAL DEVELOPMENTS

Immigration

U.S.:

• H.R. 418 (“REAL ID Act of 2005”) would amend the INA on conditions for granting asylum, withholding of removal, standard of review for orders of removal, judicial review of denial of discretionary relief, grounds of inadmissibility and removal of terrorists (82 IR 274; February 7, 2005).

• H.R. 368 (“Driver’s License Security and Modernization Act”) would establish a nationwide standard for drivers’ licenses and identification cards (82 IR 275; February 7, 2005).

Chemicals

EU:

• Over a thousand amendments are anticipated to be made to the European Commission’s proposed chemical legislation to be submitted by various parliament members (22 ITR 469; 3/24/05).

Textiles

U.S.:

• U.S. Association of Importers of Textiles and Apparel v. U.S., Ct. Int’l Trade, No. 04-00598 (Slip Op. 05-35), 3/18/05 denied a motion by the U.S. Government to dismiss a lawsuit filed by a retailers’ group that has halted consideration of 12 industry petitions seeking limits on Chinese textile and apparel imports (22 ITR 472; 3/24/05).

China:

• Polyester filament apparel fabric manufacturers will appeal a March 16, 2005, decision by the European Commission to impose antidumping duties on their products (22 ITR 473; 3/24/05).

Intellectual Property

U.S.:

• Abercrombie & Fitch Trading Company v. Fashion Shops of Kentucky, Inc., SD Ohio, No. 1; 05 cv 29, 21605; 22 ITR 487; 3/24/05 held that goods rejected as defective by the trademark owner may be enjoined from sale in the U.S. as “materially different” gray goods (22 ITR; 187; 3/24/05).

Dumping

U.S.:

• HR 1121 would repeal the Continued Dumping and Subsidy Offset Act (CDSOA- the Byrd Amendment) which requires U.S. Customs to forward antidumping and countervailing duties to the U.S. firms that petition for additional tariffs (22 ITR 420; 3/17/05).

PROTECTION AGAINST TERRORISM

Customs:

EU:

• The European Parliament gave final approval to new anti-terrorism security procedures for freight shipments proposed as part of the EU initial response to the U.S. Container Security Initiation (CSI) (22 ITR 339; 3/3/05).

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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