Volume 10, Number 7          In Memoriam of the Victims of Terrorist Attacks                         July 2004

 

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INTERNATIONAL BUSINESS AND TRADE

Imports


U.S.:

  • The National Association of Manufacturers and 55 senators sent letters to the Senate Finance Committee urging final passage of the Miscellaneous Tariff Bill to suspend or eliminate duties on several hundred specialty chemicals and related items not made in the United States but important to U. S. manufacturers (21 ITR 1185; 7/15/04).

Dumping/Countervailing Duties


U.S.:

  • The Bureau of Customs and Border Protection (CBP) announced new guidelines for bond requirements for importers of agriculture and aquaculture goods subject to antidumping and countervailing duties (21 ITR 1190; 7/15/04).

Foreign Trade


China:

  • The new Foreign Trade Law liberalizes import and export procedures, strengthens intellectual property rules and implements an antidumping measure system (21 ITR 1149; 7/8/04).

Textiles


U.S.:

  • The Committee for the Implementation of Textile Agreements (CITA) accepted a special safeguard petition seeking quotas on sock imports from China (21 ITR 1291; 7/29/04).

INTERNATIONAL AGREEMENTS AND INVESTMENTS

Mongolia:

  • The United States and Mongolia signed a Trade Investment Framework Agreement (TIFA) July 15, 2004 as a framework to negotiate a trade agreement (21 ITR 1237; 7/22/04).

Bilateral Agreements


U.S.:

  • The United States passed implementing legislation for the United States-Australia Free Trade Agreement (21 ITR 1237; 7/22/04).

NAFTA

  • United States, Mexico and Canada have reached tentative agreement to simplify the rules of origin to expedite $20 billion in trade on a broad range of foods and products (21 ITR 1241; 7/22/04).

Foreign Investments


Malaysia:

  • New guidelines and regulations will be adopted to simplify procedures for foreign investors and buyers of property for local companies (21 ITR 1200; 7/15/04).

Nicaragua:

  • The Overseas Private Investment Corporation (OPIC) will support U.S. investment in Nicaragua under the new Bilateral Incentive Agreement (21 ITR 1289; 7/29/04).

U.N.:

  • The Organization for Economic Cooperation and Development (OECD) Anti-bribery Convention has been ratified by the 35 signatories but enforcement is uneven regarding national legislation that makes it a crime to bribe foreign public officials in business dealings (21 ITR 1138; 7/8/04).

IMMIGRATION

National Immigration Court established by the EOIR

 

The Executive Office of Immigration Review (EOIR) established the National Immigration Court in Falls Church, Virginia to adjudicate overflow cases from any Immigration Court by video conference with the option to make personal appearances (81 IR 791, June 21, 2004).


Data Sharing with Social Security Administration by Department of Homeland Security

 

The Social Security Administration (SSA) is reviewing its computer matching program with the Department of Homeland Security (DHS) where DHS agrees to disclose absences on foreign nationals from the United States, making them subject to nonpayment of benefits by (l) voluntarily departing the United States; (2) being deported from the United States (81 IR 799, June 21, 2004).


Change of Status F/J Petitions to H-1B


On July 23, 2004, DHS issued a notice in the Federal Register that certain F and J students who have timely filed a request for change of status to H-1B no later than July 30, 2004 will be viewed as continuing lawful status, provided the employment dates on the petitions are no later than October 1, 2004 (69 FED Reg. 141 July 23, 2004).


 

LEGISLATIVE AND LEGAL DEVELOPMENTS

Taxation


U.S.:

  • H.R. 4520 to repeal export tax subsidies outlawed by WTO has gone to conference committee for completion.

Textiles


U.S.:

  • S. 2261 extends certain duty-free textile trade benefits to Haiti (21 ITR 1242; 72204).

  • H.R. 4103 African Growth and Opportunity Acceleration Act (AGOA) was approved by the Senate (21 ITR 1116; 7/1/04).

Exports


U.S.:

  • A Dallas, Texas federal jury convicted a business and its owners of conspiring to illegally sell and ship computers and internet services to customers in Syria and Libya in violation of the Export Administration Regulations and the Libyan Sanctions Regulations (U.S. v. Elashi, ND Texas No. 3:02 CR 052-L-7-04; 21 ITR 1246; 7/22/04).

Imports


U.S.:

  • The Food Promotion Act of 2004 (H.R. 4576) was approved by the House by voice vote (21 ITR 1269; 7/29/04).

Intellectual Property


U.S.:

  • Restoration of copyrights to foreign works under the Uruguay Round Agreements Act of 1994 is not an overreaching of Congressional power under the Intellectual Property Clause of the U.S. Constitution (Luck's Music Library Inc. v. Ashcroft DDC; 61904; 21 ITR 1160; 7/8/04).

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.

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