International Law Bulletin - Vol. 15, No. 11
INTERNATIONAL BUSINESS AND TRADE
Export Financing
U.S.:
The Export-Import Bank recently adopted a carbon policy with incentives for a production of green technologies for the world. (26 ITR 1534; 11/12/09)
Anti-Dumping
China:
Formal anti-subsidy and anti-dumping investigations have been lodged by the Chinese Ministry of Commerce into select U.S. auto exports to China. (26 ITR 1547; 11/12/09)
Exports
Canada:
Canadian exports are forecasted to increase by an average of 6% during 2010 to include motor vehicles and parts (16%), metals, ores and other industrial products (11%), other goods (7%), energy (9%), chemicals and plastic (6%), forestry (4%), fertilizers (4%), rail and other transportation equipment (2%), industrial machinery and equipment (2%), and agri-food products (1%) with decreases projected for aircraft and parts, advance technology products, and consumer goods. (26 ITR 1554; 11/12/09)
Anti-Dumping
Mexico:
The Economy Ministry announced anti-dumping duties expire for products from the United States to include partially hydrogenated fatty acids, stearic acids, bovine meat, steel carbon tubing, liquid caustic soda, and epoxidized soybean oil. (26 ITR 1589; 11/19/09)
Taxation
India:
Numerous appeals from the Bangalore Income Tax Appellate Tribunal have been filed before the Kamataka High Court regarding the imposition of Indian withholding tax on payments made by resident payors to foreign suppliers of shrink wrapped software. (NDA Tax Hotline, November 19, 2009)
Securities
India:
The Securities and Exchange Board of India (SEBI) has issued a notification to amend the Substantial Acquisition of Shares and Takeovers regulations, 1997. (NDA, November 20, 2009)
INTERNATIONAL AGREEMENTS AND INVESTMENTS
Taxation
Russia:
The Russian Finance Ministry issued guidance on value added tax. (VAT rules by letter No. 03-07-08/210) (26 ITR 1545; 11/12/09)
Auditing
China:
Foreign Invested Enterprises (FIEs) are required to prepare their annual financial statements for their annual statutory audit performed only by a firm of CPAs registered in PRC in prepration for a Joint Annual Inspection under the guidelines of the Chinese Accounting Standards for Business Enterprises. (LB, 5 Dec 2009)
LEGISLATIVE & LEGAL DEVELOPMENTS
Environment
U.S.:
S.1733 was reported out of the Senate Environmental Committee as climate change legislation works its way through the Senate and House. (26 ITR 1531; 11/12/09)
Energy
U.S.:
The Solar Manufacturing Jobs Creation Act has been introduced to amend the Internal Revenue Code for solar power manufacturing to allow such industries to obtain a solar investment tax credit. (26 ITR 1535; 11/12/09)
Customs
Ukraine:
The government released a draft bill to reduce import tariffs to be in line with the World Trade Organization. (26 ITR 1544; 11/12/09)
Intellectual Properties
U.S.:
The “first sale” doctrine in copyright law does not apply to U.S. copyrighted goods manufactured overseas. (John Wiley & Sons, Inc. v. Kirtsaeng d/b/a BlueChristine 99, SDNY No. 08 Civ. 7834 DCP; 10/19/09; 26 ITR 1591; 11/19/09)
Export Controls
U.S.:
Laura Wang-Woodford, a U.S. citizen who served as a director of Monarch Aviation PTE, Ltd. was arrested and fined $500,000.00 and is incarcerated under charges of operating Jungda International Pte. Ltd., a Singapore based successor to Monarch for allegedly violating and conspiring to violate the U.S. Trade Embargo by exporting controlled aircraft components to Iran through a Chinese company, China National Precision Machinery Import and Export Corporation. (26 ITR 1591; 11/19/09)
Trade Preferences
U.S.:
HR 4101 was introduced in the House to expand and reform key trade preference programs for the developing countries. (26 ITR 1609; 11/26/09)
Dumping
U.S.:
The U.S. Court of International Trade declared that the policy of the U.S. Commerce Department, rule or practice of issuing liquidation instructions 15 days after the publication of the final results of an administrative review of an anti-dumping order was not in accordance with law. (SKF USA, Inc. v. U.S., Ct. Int’l Trade, Slip Op. 09-121 (Court No. 07-00393), 10/27/09; 26 ITR 1512; 11/05/09)
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.
The articles published in this newsletter are intended only to provide general information on the subjects covered. The contents should not be construed as legal advice or a legal opinion. Readers should consult with legal counsel to obtain specific legal advice based on particular situations.