Government Procurement 

Russia:    

Russia is the leading jurisdiction with the most trade restrictive measures with 48 followed by Argentina at 35, United States at 16 and China at 13.  U.S. statutory sources for "Buy American" requirements are set forth in the Foreign Manufacturers Legal Accountability Act 2009, the American Economic Recovery and Reinvestment Act 2009, the Water Quality Investment Act, and the National Defense Authorization Act for Fiscal Year 2010 (BNA - ITD, 11-9-2009). 

Dumping 

U.S.:       

The International Trade Commission advanced the anti-dumping and subsidy cases against certain coated paper from China and Indonesia (Certain Coated Paper Suitable for Hi-Quality Print Graphics Using Sheet-Fed Presses from China and Indonesia, IPC; BNA-ITD, 11-9-2009). 

The Commerce Department announced two separate preliminary determinations that China is subsidizing exports of prestressed concrete steel wire strand and steel grading (Prestressed Concrete Steel Wire Strand from China, ITA) (Steel Grading from China, ITA) (BNA-ITD 10-28-2009). 

China:     

The Ministry of Commerce has formally launched anti-subsidy and anti-dumping investigations into some U.S. auto exports to China complaining of 34 different U.S. government auto industry subsidies (BNA-ITD; 11-9-2009). 

Labeling 

NAFTA:  

The U.S. Trade Representative (USTR) requested Mexico to allow the forum on labeling "dolphin-safe" tuna to be moved from the World Trade Organization (WTO) to the North American Free Trade Agreement (NAFTA) forum (BNA-ITD; 11-06-2009). 

Customs 

U.S.:       

The Customs and Border Protection (CPB) launched a FOIA electronic reading room available at http://www.cbp.gov.  

Export Restrictions  

WTO:

Article XI:2 of the 1994 GATT Agreement authorizes export restrictions as duties or taxes but not for the purpose of restricting quantity for competitive reasons through quotas, bans, minimum process, and non-automatic licensing requirements but exceptions exist for raw materials (BLR-AT;vol 2 #11; 11/09, Herbert Smith LLP; p.1)

Customs 

Russia: 

Customs regulations have been amended regarding duty payment procedures (26 ITR 1320; 10/1/09) 

Dumping 

China:  

The US Court of International Trade determined that the application of the anti-dumping and countervailing laws to the People's Republic of China regarding products from a non-market economy (NME) was unreasonable and must identify and measure subsidies in the PRC to include the type of subsidy and whether its measurable in a particular timeframe.  (GPX Tire Corp. v. U.S., Ct. Int'l. Trade, No. 08-00285; SLIP Op. 09-103, 9-18-09; 26 ITR 1268; 09/24/09) 

Labeling 

Mexico: 

Eleven regulations were published under the Sustainable Energy Use Law requiring reports on companies with high energy consumption and establishing a process for importers, distributors and manufacturers to become certified as energy efficient.  (26 ITR 1291; 09/24/09) 

Labor 

U.S.: 

The Bureau of International Labor Affairs of the U.S. Department of Labor is seeking comment on an updated list of products believed to have been mined, produced or manufactured by forced or indentured child labor that would require federal contractor certification.  (Federal Register; 74 Fed. Reg. 46,794/September 11, 2009; 26 ITR 1240; 09/17/09)

Trade Balances 

OECD:    

The Organization for Economic Cooperation and Development (OECD) reported quarterly merchandise trade volumes for the group of seven countries stabilized in the second quarter of 2009 with the value of trade and goods and services rising by 2% for exports and .9% for imports measured in seasonally adjusted current prices (BNA-ITD; 10-28-2009).  

Foreign Investments 

Russia:    

The government adopted Decree No. 838, 17 October 2009, to approve regulations on preliminary approval of foreign acquisitions in strategic sectors (BNA-ITD; 10-28-09). 

India:      

 Existing Foreign Exchange Management rules limiting repatriation of capital to foreign investors in India for the transfer of technology and trademark licenses under technical collaboration agreements are about to be relaxed from the current limit of $2 million, 5% royalties and 8% on exports (nda@ndalaw.com; 11-6-09). 

China:         

 Non-resident enterprises have been the subject of a notice of tax audit by China's International Taxation Administration Division to review income charges levied on resident enterprises by foreign investors placing personnel under secondment agreements for assignment of senior management and technical personnel (LB, 11-1-09).

Customs 

U.S.: 

The Bureau of Customs and Border Protection (CBP) will start enforcement of the 10+2 on the Importer Security Filing (ISF) and additional carrier requirements for data elements on containers loaded on vessels destined for the United States (BNA-ITD, 11-06-2009).

Sources:BLR- Bloomberg Law Reports Antitrust & Trade; BNA - BNA, Inc.Highlights: International Trade Daily (ITD), International Trade Reporter (ITR), International Trade Reporter Decisions (ITRD), TMIJ-Tax Management International Journal; IL - International Lawyer, SMU School of Law; FT- Financial Times; TE - The Economist Magazine; GATM - German American Trade Magazine of the German American Chamber of Commerce; WSJ - Wall Street Journal; ILN/ABA-International Law News, American Bar Association; International Law News, ILN (American Bar Association); Nishith Desai Associates FEMA Hotline(nda@ndalaw.com); LB- LehmanBrown China Business Insights International Accountants.