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Henry M. Burwell

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INTERNATIONAL BUSINESS AND TRADE

Dumping

U.S.:

• The Commerce Department implemented the suspension of anti-dumping and countervailing duty bonding privileges for new shippers from April 1, 2006 to June 30, 2009 to prevent evasion of payment of estimated duties by importers of goods subject to dumping or countervailing duties (23 ITR 1244; 8/24/06).

• Commerce Department determined Indonesia is dumping lined paper products with dumping margins ranging between 97.85% and 118.63% and subsidizing lined paper products at a margin rate of 40.55% (23 ITR 1234; 8/17/06).

• The International Trade Commission (ITC) shall continue a dumping investigation on imports of certain polyester staple fiber from China (Polyester Staple Fiber from China, ITC)(23 ITR 1204; 8/10/06).

China:

• Ministry of Foreign Trade and Economic Cooperation (MOFTEC) announced a finding of dumping of imports of methylene chloride from the United Kingdom, the United States, the Netherlands, South Korea and Germany to be extended for 12 months (23 ITR 1254; 8/24/06).

Export Controls

U.S.:

• The Bureau of Industry and Security of the Department of Commerce will hold meetings in several U.S. cities to review proposed amendments to the Export Administration Regulation (EAR) aimed to prevent exports that would make a material contribution to the military capability of China (23 ITR 1197; 8/10/06).

INTERNATIONAL AGREEMENTS AND INVESTMENTS

Foreign Investments

China:

• Shanghai is still the most attractive city for foreign investment in China because of its infrastructure and well educated labor force (23 ITR 1254; 8/24/06).

• New regulations have been issued on consolidations between foreign and domestic companies (23 ITR 1227; 8/17/06).

India:

• Foreign direct investment (FDI) rose 47% during the first quarter of the current financial year (23 ITR 1258; 8/24/06).

U.S.

• The Senate Foreign Relations Committee approved unanimously the United Nations Convention Against Corruption which convention has already been ratified by 55 countries (23 ITR 1191; 8/10/06).

LEGISLATIVE AND LEGAL DEVELOPMENTS

Intellectual Property

U.S.:

• A seizure of allegedly counterfeit goods by the U.S. Customs Services is not a taking for public use that requires just compensation under the Fifth Amendment of the U.S. Constitution (Acadia Technology Inc. vs. U.S., Fed. Cir., No. 05-5178, 8/8/06)(23 ITR 1266; 8/24/06).

• S.3801 amends the Foreign Assistance Act of 1961 to require recipients of U.S. foreign aid to certify funds will not be used to intentionally support trafficking in counterfeit trademarks on goods or services and contains a measure similar to the Foreign Operations Appropriations Bill (HR 5522) pending in the House (23 ITR 1218; 8/17/06).

Customs

U.S.:

• An appeal will be lodged by the U.S. with the World Trade Organization (WTO) respecting a panel ruling published June 16, 2006 that disposed of many of U.S. claims against the EU for its alleged failure to ensure uniform administration of EU laws, regulations and decisions across its 25 member states relating to classification and valuation of products for customs purposes (23 ITR 1221; 8/17/06).

• S. 2459 (GreenLane Maritime Security bill) is expected to be brought to the Senate floor in September 2006 for passage and reconciliation with the House legislation (HR 4965) to require the government to install radiation screening devices at major U.S. ports by the end of 2007 and to improve several current security programs including the Container Security Initiative (CSI) for prescreening sea cargo containers and the Customs-Trade Partnership Against Terrorism (CTPAT) for improving the security of the global supply chain (23 ITR 1187; 8/10/06).

Chemicals

E.U.:

• Comments on two draft guidance documents explaining how product manufacturers and chemical manufacturers would comply with the REACH legislation are being accepted by the European Chemicals Bureau (23 ITR 1223; 8/17/06).

NAFTA

• The U.S. Court of Appeals for the federal circuit affirmed the lower court decision that crankshafts imported into the U.S. did not originate in Mexico and are not entitled to NAFTA benefits as goods originating in NAFTA (Cummins Inc. v. U.S., Fed. Cir. No. 05-1482, 7/17/06; 23 ITR 1203; 8/10/06).

IMMIGRATION

US DOL Solicitor Acquiesces to BALCA Decision Matter of In Re HealthAmerica

• US DOL now agrees that an employer may make a Motion for Reconsideration of a denial by a certifying officer (CO) for a Labor Certification (ETA 9089) application under PERM where the motion is based on evidence “not previously submitted” where a certifying officer denies an employer’s correction for a typographical error as the basis for the reconsideration request (83 IR 1796; August 21, 2006)

Social Security Administration (SSA) Updates Program Operations Manual System (POMS)

• SSA updated POMS to include spouses of E and L visa holders authorized to work without specific DHS authorization (83 IR 1580 July 24, 2006)

Local USCIS Offices to Stop Processing Employment Authorization Documents (EADs)

• Local USCIS offices may accept EAD applications until October 1, 2006 but may no longer process those cases and must forward them to a Service Center processing (11 IB 981; August 15, 2006)

TN Visas for Management Consultants under NAFTA

• Border officers still struggle with the evidentiary requirements for TN Management Consultant applications under NAFTA

• Some officers are still denying TN’s status under the Management Consultant category where the company itself is not a consultancy enterprise (11 IB 879; August 1, 2006)

Visa Waiver Program

• Passport and e-Passport requirements for travelers for the Visa Waiver Program (VWP) countries applying for admission to the U.S. must have the e-Passport with the integrated computer chip if issued after October 26, 2006.

• A VWP traveler who has a valid, machine-readable passport with a digital photograph does not need a new e-Passport until the existing passport expires if the digital photograph passport was issued before October 26, 2006.

• A VWP traveler with a valid machine-readable passport without a digital photograph does not need a new e-Passport until the existing one expires if the machine-readable passport was issued before October 26, 2005 (U.S. DHS, dhs.gov August 2006).

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.

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