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* Carsten Alting

Rechtsanwalt

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Lawrence J. Scott

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Henry M. Burwell

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John B. Hagerty

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Thomas F. Moran

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*Admitted as an attorney in Germany

INTERNATIONAL BUSINESS AND TRADE

Textiles

U.S.:

• Committee for the Implementation of Textile Agreements (CITA) will impose China textile safeguards on cotton knit shirts and blouses (338/339) cotton trousers (347/348) and cotton and manmade fiber underwear (352/652) (22 ITR 822; 5/19/05).

Taxation

EU:

• The European Commission will end sanctions against U.S. Exports now that the U.S. has signed legislation (HR 4520) to repeal export tax breaks ruled illegal by the WTO (21 ITR 1744; 10/28/04).

Environment

U.S.:

• The State Department certified 37 nations and one economy to allow continuation to export wild shrimp to the U.S. because their operations do not threaten endangered sea turtles (22 ITR 778; 5/12/05).

Fair Trade

France:

• France will introduce a legislative initiative to the European Commission in support of awareness of the Fair Trade movement to guarantee higher prices for small world producers of commodities and the creation of a new national label to be applied to farm and consumer products (22 ITR 784; 5/12/05).

Dumping

Canada:

• The government issued a finalized order to implement $14 million in retaliatory measures against exports from the U.S. in response to the failure of the U.S. to repeal the Byrd Amendment thereby imposing a 15% surtax on live swine, ornamental fish, oysters, cigarettes and certain fish items (22 ITR 796; 5/12/05).

INTERNATIONAL AGREEMENTS AND INVESTMENTS

Foreign Investment

U.S.:

• A treaty was signed with Uruguay to increase protection for U.S. investments (21 ITR 1763; 10/28/04).

LEGISLATIVE AND LEGAL DEVELOPMENTS

Government Procurement

China:

• Draft implementation rules classify software and related services as “domestic work” foreign in origin requiring the government to purchase domestic software unless a waiver is obtained based on 50% of development cost of such a software product to be incurred in China and the copyright is held by Chinese person or entity (22 ITR 820; 5/19/05).

Country of Origin Labeling

U.S.:

• The House Appropriations Committee delayed the implementation of the mandatory country of origin labeling program for meat and meat products by one year (22 ITR 829; 5/19/05).

Intellectual Properties

U.S.:

• The U.S. Court of Appeals for the 9th Circuit held that the importation of circuit breakers made by a Canadian manufacturer for the Canadian market bearing the trademark of the plaintiff was not an infringement because, except for color, the products were identical to circuit breakers the manufacturer made for the U.S. market thereby precluding likelihood of consumer confusion (22 ITR 830; 5/19/05).

Mexico:

• The Mexican Senate passed amendments to the intellectual property law to improve protections for well-known trademarks amending Article 6 and 90 and of the Industrial Property Law (22 ITR 700; 4/28/05).

Trade

U.S.:

• HR 886 and S. 191 would help Bangladesh compete with China under the Tariff Relief Assistance for Developing Economies (22 ITR 731; 5/5/05).

International Finance

U.S.:

• HR 1575 and S. 295 were introduced to impose a 27.5% duty on any article that is the growth, product or manufacturer of China to combat alleged currency manipulation (22 ITR 691; 4/28/05).

Immigration

U.S.:

• The Director of the California Service Center of the US Immigration Service found that the petitioner had not established the sustained national or international acclaim necessary for approval under the Priority 1 classification as an alien of extraordinary ability pursuant to INA § 203 (b)(1)(A). The petitioner appealed and the AAO approved the petition finding that the petitioner proved his acclaim by his original contribution to the multimedia field (10IB 433-434; 03/01/05).

• The US Federal District Court found that the company failed to provide evidentiary support that the duties to be performed by the food service manager were sufficiently complex as to require a bachelor’s degree as to qualify the position for an H1-B status (10IB 488-489; 03/15/05) (M.D. Management Company, LLC v. U.S. Department of Homeland Security, Citizenship and Immigration Services, 2005 U.S. Dist. LEXIS 843 (D. Mass.).

• In a case before the AAO the employer failed to prove its ability to pay the proffered wage to beneficiary for employment-based permanent residency petition. Employer appealed and the AAO affirmed (10 IB 689; 04/15/05).

IMMIGRATION

USDOL/ETA Issues Second FAQ Paper on New PERM Regulation

• The Employment and Training Administration issued a new set of frequently asked questions (FAQs) on the new PERM regulations dealing with duties of attorneys in the new system, conversion of existing certifications, employers certifications on the Form ETA-9089 and advertising and placing a job order with the state workforce agencies (82 I.R. 661-662; 4/18/05).

The Real ID Act of 2005 Became Law

• The Act regulates asylum, removal, issuance of driver’s licenses, border security, provisions related to H-2B visas, Australian E nonimmigrant visas and recapture of EB-3 nurses visas (82 I.R. 183-187; 05/16/05).

PROTECTION AGAINST TERRORISM

EU:

• The European Parliament approved new anti-terrorist legislation on port security at European Union Maritime port areas requiring EU Member States to create port security authorities responsible for the entire area of port activity (22 ITR 783; 5/12/05).

Customs

Argentina:

• U.S. Customs officials will be allowed to conduct security checks at Argentine points on U.S. bound cargo containers (22 ITR 794; 5/12/05).

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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