Volume 9, Number 8               In Memoriam of the Victims of Terrorist Attacks              August 2003

 

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INTERNATIONAL BUSINESS AND TRADE

 

Dumping

China:

  • Anti-dumping duties were imposed on imports of art paper from South Korea and Japan but not on exporters from the United States and Finland because those exports constituted less than 3% of imports into China in 2002 according to the Ministry of Commerce notice dated February 6, 2003 (20 ITR 1384; 8/14/03).

U.S.:

  • The Vietnam Association of Seafood Exporters and Processors (VASEP) appealed the U.S. Department of Commerce position of “unreasonable” anti-dumping tariffs imposed on Vietnamese frozen catfish fillet by filing with the U.S. Court of International Trade (20 ITR 1385; 8/14/03).

 

Automotive

U.S.:

  • The Motor and Equipment Manufacturers Association is asking President Bush to look at the economic damage done to steel consuming sectors in the United States as result of U.S. steel tariffs (20 ITR 1297; 7/31/03).

  

INTERNATIONAL AGREEMENTS AND INVESTMENTS

 

Thailand:

  • The Thai Asset Management Corporation will be involved in the restructuring of the private corporate sector in Thailand through the issuance of mutual funds set up by the Thai government possibly increasing interference in the economy and distorting local financial markets through competing unfairly with banks and private mutual funds according to certain private sector economists (The Economist, P59, 8/23/03).

 

U.S.:

  • The Senate approved legislation implementing bilateral free trade agreements with Chile (HR 2738) and with Singapore (HR 2739) (20 ITR 1334; 8/07/03).

 

  • A Trade and Investment Framework Agreement (TIFA) was signed with Saudi Arabia to establish a permanent council to deal with a range of trade and investment issues (20 ITR 1353; 8/07/03).

 

Imports

U.S.:

  • The International Trade Commission initiated a new probe into significant United States import restraints to examine major tariff and non-tariff barriers (20 ITR 1407; 8/21/03).

 

Foreign Investments

China:

  • A list of high technology business areas where foreign investment will be granted preferential treatment was published on the Ministry of Science and Technology web site on July 18, 2003 (20 ITR 1269; 7/24/03).

 

IMMIGRATION

 

United States – Singapore Free Trade Agreement Impacts Immigration Laws

 

  • As a result of the passage of the Free Trade Agreement with Singapore, immigration laws are amended to permit 1400 H-1B visas for Chilean Nationals and 5400 H-1B visas for Singaporean Nationals (HR 2739).  The initial term of stay for Chilean Nationals is limited to one year but may be extended in one year increments (HR 2738).

 

Legislation Proposed to Allow States to Determine Residency for Higher Education; Cancellation and Removal and Adjustment of Status for Certain Alien Students (S.1545; HR 1684)

 

  • On July 31, 2003, a bill to amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 was introduced into the House Judiciary Committee to permit states to determine state residency for higher education purposes and to authorize the cancellation of removal and adjustment of status of certain alien students who have been long-term United States residents (HR 1684; S. 1545, 108th Congress, First Session).

 

LEGISLATIVE AND LEGAL DEVELOPMENTS

 

Customs

U.S.:

  • HR 255 is amended to require all cargo packages including those weighing less than 16 ounces to be screened for explosives (20 ITR 1366; 8/14/03).

 

  • The Bureau of Customs and Border Protection adopted final rules allowing related firms to engage in certain corporate compliance activities related to customs transactions without being required to have a customs broker license (20 ITR 1367; 8/14/03).

 

  • Bureau of Customs and Border Protection published proposed regulations requiring advanced electronic information on all cargo coming into and leaving the United States (20 ITR 1248; 7/24/03).

 

Taxation

U.S.:

  • HR 2896 would replace the U.S. export tax regime by providing tax relief for struggling domestic manufacturers known as the American Jobs Creation Act of 2003 (20 ITR 1371; 8/14/03).

 

  • The Harbor Maintenance Tax (HMT) as applied to imports and domestic cargo does not violate the uniformity and port preference clauses of the U.S. Constitution according to the Court of Appeals for the Federal Circuit (Thomson Multimedia, Inc. v. United States, Fed. Cir. No. 03-1044, 8/18/03; 20 ITR 1422; 8/21/03).

 

Germany:

  • August 13, 2003, the Cabinet proposed a half dozen pieces of legislation on subjects ranging from welfare, labor market, federal budget and municipal finances to broaden the tax base and end the exemption of self employed professionals such as doctors and lawyers (The Economist, 8/16/2003).

 

Agriculture

China:

  • New draft regulations implementing Tariff Rate Quotas (TRQ) for agricultural imports may provide greater market access for United States farmers (20 ITR 1411; 8/21/03).

 

Intellectual Property

China:

  • China amended its copyright law to allow authorities to seize suspected counterfeit material before obtaining administrative permission (20 ITR 1413; 8/21/03).

 

Sanctions

U.S.:

  • A ban on imports from Burma and additional sanctions on Myanmar have been imposed through executive order under the Burmese Freedom Democracy Act of 2003 (20 ITR 1309; 7/31/03).

 

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 2003

 

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

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