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INTERNATIONAL BUSINESS AND TRADE

Trade Adjustment Assistance

U.S.:

• The U.S. Court of International Trade (CIT) ruled that the U.S. Labor Department must reconsider whether workers who created software “source code” are eligible for Trade Adjustment Assistance benefits (TAA) under Trade Act of 1974 based on outsourced production transferred to India because the USDOL failed to compare the products created by the United States and Indian workers (Former Employees of Computer Sciences Corp. v. U.S. Secretary of Labor, CIT, No. 04-00149 [slip op. 05-49], 41405;(22 ITR 659; 4/21/05).

Textiles

U.S.:

• A coalition of U.S. textile trade associations and unions filed seven petitions with the U.S. Department of Commerce requesting textile safeguards on cotton and man made fiber (MMF) non-knit shirts, sweaters, brassieres, dressing gowns, synthetic filament fabrics, knit shirts, and trousers (22 ITR 599; 4/14/05).

Agriculture

U.S.:

• The Department of Agriculture Animal and Plant Health Inspection Service (APHIS) proposes to amend its rules to list several specified fruits and vegetables from certain countries as eligible for import under specified conditions (22 ITR 544; 4/7/05).

Intellectual Property

India:

• The Lower House of Parliament approved changes to the patent law that will bar domestic firms from copying patented drugs (22 ITR 558; 4/7/05).

INTERNATIONAL AGREEMENTS AND INVESTMENTS

Foreign Investments

Russia:

• The Ministry of Economic Development and Trade approved a draft law to create special economic zones with simplified tax and customs policies to diversify the economy (22 ITR 550; 4/7/05).

IMMIGRATION

A New Request For Evidence (RFE) Memo Issued by Immigration Service February 16, 2005

• A RFE will not be issued where there is clear ineligibility under 8 C.F.R. 103.2(b) showing an inability to meet a basic statutory or regulatory requirement.

• Where a case contains required evidence in the record which appears to be approvable, an RFE is unnecessary under 8 C.F.R. 103.2(b)(1).

• New guidance indicates that a RFE or a Notice of Intent to Deny (NOID) is usually discretionary but strongly recommended where evidence raises underlying questions regarding eligibility.

• RFE should be limited to “missing evidence.”

• An NOID is to be issued where there is initial evidence but the preponderance of evidence test is not met; there is ineligibility for approval but not necessarily incurable; or the adjudicator intends to issue a denial based on evidence not found in the record (82 IR 381; 02/28/05).

ETA Proposes Regulation To Require Electronic Filing For Labor Condition Applications for H1-B Visa Classifications

• U.S. Department of Labor (ETA) proposes amending the H1-B regulations to require web-based electronic filing for Labor Condition Applications (LCAs) and to reinstate attestation obligations for employers who were H1-B dependent or have committed willful violations of the H1-B rules (82 IR 568; 04/04/05).

Allocation of Additional H1-B Visas Created By The H1-B Visa Reform Act of 2004 Proposed Rule

• Immigration Service (USCIS) will publish a proposed interim rule with requests for comments to allocate H1-B visas created by the H1-B Visa Reform Act of 2004 restricting the additional 20,000 H1-B visa quota numbers to be made available only to beneficiaries of masters degrees awarded by U.S. institutions.

• The proposed regulation is expect to authorize the filing of petitions within 5 days after the publication of the notice (AILA INFONET AILA Document No. 05050214 (05/02/05)).

LEGISLATIVE AND LEGAL DEVELOPMENTS

Immigration

U.S.:

• The Trafficking Victims Protection Reauthorization Act of 2005 reauthorizes appropriations for fiscal years 2006 and 2007 for programs to combat human trafficking in labor and sexual exploitation activities (82 IR 533; 3/28/05).

• The Senate Judiciary Committee conducted hearings to discuss the sunset provisions of the U.S.A. PATRIOT Act (82 IR 613; 4/11/05).

• On March 16, 2005, the REAL ID Act was passed a second time by the House providing for rapid implementation of regulations on security standards for State drivers’ licenses and identification documents (82 IR 567; 4/04/05).

Terrorism

EU:

• The European Union (EU) anti-terrorists legislation on port security (EC Reg. 75/2004) is expected to be approved by summer 2005 which requires vessels to submit security information to authorities before they enter port, port authorities to introduce safety checks and for member states to create a network of national bodies responsible for maritime security (22 ITR 641; 4/21/05).

Trade

U.S.:

• S.817 would amend the Trade Act of 1974 to create a special trade prosecutor to ensure compliance with trade agreements (22 ITR 663; 4/21/05).

International Finance

China:

• S.295 will be submitted for vote to impose tariffs on imports from China if China does not agree to revalue its currency within 180 days (22 ITR 596; 4/14/05).

Customs:

U.S.:

• An importer failed to convince the U.S. Court of Appeals for the Federal Circuit that the Bureau of Customs and Border Protection (BCP) failed to comply with regulatory requirements in the increasing of the custom bond required of Carolina Tobacco Company which manufacturers and imports “valued-priced” cigarettes (Carolina Tobacco Co. v. Bureau of Customs and Border Protection, Fed. Cir., No. 04-1269, 4/4/05; (22 ITR 616; 4/14/05).
 

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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