For More

 Information Contact

Editors

Henry M. Burwell

(864) 250-2212

buzz.burwell@nelsonmullins.com

Carsten Alting

(404) 817-6137

carsten.alting@nelsonmullins.com

John C. McElwaine

(843) 720-4302

john.mcelwaine@nelsonmullins.com

Washington DC Office

George B. Wolfe

(202) 742-4564

Thomas F. Bardo
(202) 712-2817

Columbia Office

P. Mason Hogue

(803) 733-9417

Atlanta Office

* Carsten Alting

Rechtsanwalt

(404) 817-6137

June Towery

(404) 817-6597

Charlotte Office

Lawrence J. Scott

(704) 417-3108

Greenville Office

Henry M. Burwell

(864) 250-2212

John M. Campbell

(864) 250-2234

Walter H. Hinton, II

(864) 250-2285

Raleigh Office

Catharine W. Cummer

(919) 877-3805

Charleston Office

John B. Hagerty

(843) 720-4308

John C. McElwaine
(843) 720-4302
 

Newman Jackson Smith

(843) 720-4309

Winston-Salem Office

Denise M. Gunter

(336) 774-3322

Myrtle Beach Office

Thomas F. Moran

(843) 946-5652

Boston Office

William T. Hogan III

(817) 429-5377

www.nelsonmullins.com

*Admitted as an attorney in Germany

INTERNATIONAL BUSINESS AND TRADE

Trade

U.S.:

• The International Trade Commission (ITC) posted on its website a new feature to allow users to sign up to receive automatic email notification on the Federal Register Notices, government publications, and updates to the Harmonized Tariff Schedule (23 ITR 651; 4/27/06).

Dumping

U.S.:

• The International Trade Commission will continue an anti-dumping investigation on activated carbon from China (Activated Carbon from China, ITC); (23 ITR 4/27/06).

INTERNATIONAL AGREEMENTS AND INVESTMENTS

Bilateral Agreements

South Korea:

• A trade adjustment assistance program has been introduced under new legislation sponsored by the Ministry of Commerce (23 ITR 660; 4/27/06).

U.S.:

• A bilateral trade promotion agreement was signed with Peru (23 ITR 574; 4/13/06).

Intellectual Property

WIPO:

• The World Intellectual Property Organization (WIPO) adopted a new treaty on trademarks to promote the use of technology and trademark application procedures worldwide and to minimize red tape which will enter into effect three months after ten countries have ratified the document (23 ITR 627; 4/6/06).

Foreign Investments

U.S.:

• A Bilateral Investment Treaty (BIT) with Uruguay was submitted to the Senate for ratification (23 ITR 541; 4/6/06).

Sanctions

E.U.:

• The European Union will implement sanctions against specific U.S. products beginning May 16, 2006 adding an additional customs duty of 14% with an immediate implementation of the full rate on select agricultural items, textiles, industrial products, electronic products, paper products and steel as authorized on May 7, 2003 by the World Trade Organization to impose counter measures on U.S. origin products following the adoption of the American Jobs Creation Act of 2004 ruled to be an illegal subsidy (U.S. Export Assistance Center Announcement, U.S. Commercial Service, U.S. Dept. of Commerce, www.buyusa.gov/europeanunion/sanctions.html).

LEGISLATIVE AND LEGAL DEVELOPMENTS

Exports

U.S.:

• H.R. 5068 was introduced to focus attention on the charter of the Export-Import Bank to establish a small business division for outreach to small business exporters to include an increase in loans to minority and women-owned small businesses (23 ITR 562; 4/13/06).

Dumping

U.S.:

• The Court of International Trade (CIT) ruled that the U.S. Customs Service may not apply the Byrd Amendment to antidumping and countervailing duties on goods from Canada and Mexico thereby preventing distribution of the duties collected to affected domestic producers (Canadian Lumber Trade Alliance v. U.S., CT. Int. Trade, No. 05-00324 (Slip Op. 06-48)); 23 ITR 577; 4/13/06).

Foreign Investments

U.S.:

• The Senate Banking, Housing and Urban Affairs Committee approved amendments to the legislation to reform the U.S. government foreign investment review process (23 ITR 514; 4/6/06).

Customs

U.S.:

• The House Homeland Security Subcommittee approved the port security measure known as the SAFE Port Act (H.R. 4954); companion legislation S.2008 is in the Senate (23 ITR 522; 4/6/06).

Trade

U.S.:

• S.2467 would repeal the 1988 law requiring the U.S. Treasury to determine if foreign countries are manipulating currency and require it to list countries with “fundamentally misaligned” currencies having a “material adverse impact” on the U.S. economy (23 ITR 532; 4/6/06).

Imports

U.S.:

•  The importation and sale of a trademarked good in the United States which was produced solely for sale abroad and not authorized by the owner of the trademark for sale in the United States, may violate the Tariff Act of 1930 if the imported good is materially different from all or substantially all of those goods bearing the same trademark as authorized for sale in the United States (Bourdeau Bros. Inc. v. International Trade Commission, Fed. Cir., No. 04-1588, 3/3/06; 23 ITR 543; 4/6/06).

Immigration

U.S.:

• The SKIL Bill (S. 2691) proposed a number of exemptions to reform the H1-B visa classification and the related employment-based green card processes arising from an H-1B labor certification foundation affording exemptions for U.S. educated foreign workers with advanced degrees, a market-based H1-B cap, extension of foreign students, Optional Practical Training (OPT) from 12-24 months and exemptions for immigrants’ spouses and children from the annual cap (AILA Immigration This Week – 5/4/06).

IMMIGRATION

DHS/ICE Announce Interior Enforcement Strategy

• Department Homeland Security Secretary Michael Chertoff announced a comprehensive immigration enforcement strategy to:

  • Identify and remove criminal aliens, fugitives and other immigration violators

  • Build a strong work site enforcement and compliance program to deter unauthorized employment

  • Uproot criminal infrastructure that supports illegal immigration

  (83 IR 773; April 24, 2006).

H1-B Petition for Fiscal Year 2007

• In the first three weeks of applications, petitions for new H1-B beneficiaries were approved for 3,907 applicants with 8,806 applications pending (AILA Immigration This Week 5/4/06; (AILA Infonet Doc. 06050260).

Visa Application with Bar Code

• The U.S. Embassy at Tokyo and Paris will only accept the electronic version of the visa application Form DS-156 which generates a unique bar code; the form may not be filed electronically but may be prepared on-line (83 IR 475; March 13, 2006).

ICE New Organizational Chart

• U.S. Immigration and Customs Enforcement (ICE) published a revised organizational chart detailing the new hierarchy (www.ice.gov) (83 IR 487; March 13, 2006).

Employment Training Administration (USDOL ETA) Issues New PERM FAQS

• The sixth and seventh rounds of USDOL generated FAQs are available through the website at atlas.doleta.gov/foreign (83 IR 427; March 6, 2006).

PROTECTION AGAINST TERRORISM

Exports

Canada:

• A pilot loan program will help Canadian exporters comply with the new U.S. Cargo Security Guidelines responding to the implementation of the U.S. Customs Trade Partnership Against Terrorism (C-TPAT) to protect the global supply chain (23 ITR 615; 4/20/06).

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 2006

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; Boston, Massachusetts; Washington DC

          1-800-237-2000                                         www.nelsonmullins.com