Volume 10, Number 4          In Memoriam of the Victims of Terrorist Attacks                      April 2004

 

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INTERNATIONAL BUSINESS AND TRADE

Agriculture


EU:

  • The European Union lifted the ban on poultry product imports from the United States and Canada imposed earlier because of the outbreak of avian flu (21 ITR 572; 4/1/04).

Customs


U.S.:

  • The Bureau of Customs and Border Protection (CBP) announced advance electronic transmission of inbound rail cargo data will start on July 12, 2004 at 24 ports of entry (21 ITR 639; 4/15/04).

Dumping


U.S.:

  • The Commerce Department initiated antidumping and countervailing duty investigations on live swine imports from Canada (21 ITR 658; 4/15/04).

Taxation


Vietnam:

  • The Ministry of Finance issued a directive which waives a withholding tax applied to profits remitted abroad by foreign invested companies (21 ITR 648; 4/15/04).

INTERNATIONAL AGREEMENTS AND INVESTMENTS

Foreign Investment


U.S.:

  • Bilateral Investment Treaties (BITS) with the Czech Republic, Estonia, Latvia, Lithuania, Poland and the Slovak Republic need to be amended because of the accession of these countries to the European Union to carve out the national treatment provisions in specific areas (21 ITR 609; 4/8/04).

Trade


CAN:

  • The Andean Community of Nations (CAN) concluded negotiations to set up a free trade agreement for the Southern Common Market for member countries Argentina, Brazil, Paraguay and Uruguay (21 ITR 619; 4/8/04).

Taxation


WTO:

  • The U.S. filed its first dispute settlement case against China charging “preferential tax treatment” in favor of domestic semiconductor manufacturers which regime disadvantages U.S. exporters (21 ITR 532; 3/25/04).

IMMIGRATION

New Social Security Number Validation Procedure Between Social Security, Department of State, Department of Homeland Security and Immigration Service

  • Immigration and Customs Enforcement (ICE) released a new procedure March 17, 2004 for students and exchange visitors under the current information system (SEVIS) permitting a query to be faxed to the DHS status verifiers in Los Angeles (81 IR 449; April 5, 2004).

B-1 Visa In Lieu of H-1B Visa

  • Practitioners may want to review the Foreign Affairs Manual, Section 9 FAM 41.53 n.5.4 which authorizes the B-1 in lieu of the H-1B where the applicant is H-1B qualified but who will observe B-1 conditions on permissible scope of activity, term of stay and compensation since such visas are still available (9 IB 304, March 15, 2004).

LEGISLATIVE AND LEGAL DEVELOPMENTS

Customs


U.S.:

  • The U.S. Court of Appeals for the federal circuit reversed a lower court decision finding that the duty exemption of HTSUS applied to painted truck bodies thereby determining that the import duty exemption for U.S. manufactured parts under Subheading 9802.00.80 should have been allowed and found the U.S. Customs Regulation 19 CFR 10.16(b)(3) and (c)(3) distinguishing between decorative and preservative painting to be contravening the plain language of the TSUS definition (Daimler Chrysler Corp. v. U.S., Fed. Cir., No. 03-1192; 3/18/04; 21 ITR 585; 4/1/04).

Immigration


U.S.:

  • H.R. 4064 would amend immigration law with the Federal Contractor Security Act to require certain federal service contractors to participate in employment eligibility confirmation (81 IR 451; April 5, 2004).

  • H.R. 4052 “Save Summer Act of 2004” would increase the H-2B cap to 106,000 for fiscal year 2004 (81 IR 451; April 5, 2004).

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 2004

 

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

has offices located in

Charleston, Columbia, Greenville, and Myrtle Beach, South Carolina

Atlanta, Georgia; Raleigh, Winston-Salem, Charlotte, North Carolina; Washington DC

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