International Law Bulletin - Vol. 15, No. 3
INTERNATIONAL BUSINESS AND TRADE
Anti-Dumping
U.S.:
Samsung Electronics America, Inc. of New Jersey filed a complaint against Eastman Kodak Company as a respondent in an investigation of the pricing of hand-held digital cameras (25 ITR 415; 3/26/09).
The Commerce Department announced an affirmative final determination that China is dumping circular welded carbon quality steel line pipe in the U.S. (Circular Welded Carbon Quality Steel Line Pipe from China, ITA; 26 ITR 428; 3/26/09).
Automotive
Japan:
The Japanese auto industry is in negotiations with the Japanese government seeking more financial support for the industry (26 ITR 420; 3/26/09).
China:
The U.S., EU and Canada have reached an agreement with China on the deadline to comply with the WTO ruling condemning China's discriminatory import tariffs on automobile parts (26 ITR 322; 3/5/09).
Customs
Russia:
The government amended its customs duty regulations to streamline its procedures to conform to international standards (26 ITR 419; 3/26/09).
Countervailing Duties
EU:
The European Union (EU) member states approved a proposal to impose temporary duties on bio-diesel imports from the U.S. after an investigation concluded that the tax credits and subsidies for the fuel gave an unfair advantage to U.S. producers (26 ITR 320; 3/5/09).
Intellectual Property
WTO:
The World Trade Organization (WHO) panel issued findings based on the complaint of the United States against Chinese copyright law which substantiates the claim that China's rules do not protect copyrighted works regarding "content review" standards and is inconsistent with the TRIPS Agreement Rules regarding protection and enforcement procedures and that its rules for disposing of IP-infringing goods seized at the border might not necessarily cause consumer confusion by hurting the reputation of legitimate products. The panel did not conclude the criminal procedures and penalties used in cases of alleged willful trademark counterfeiting or copyright piracy violated Article 61 of the TRIPS respecting value and volume thresholds (26 ITR 402; 3/26/09).
International Standards
U.S.:
The U.S. Trade and Development Agency (TDA) announced the launch of the U.S.-India Standards and Conformance Cooperation program to promote trade through improved cooperation by streamlined and transparent standards and technical regulations to address the growing trade volume between the countries (26 ITR 326; 3/5/09).
Procurement
U.S.:
The United States must implement the economic stimulus legislation (HR 1) respecting the "Buy America" provisions without violating its obligations under the North America Free Trade Agreement (NAFTA) and the requirements of the WTO (26 ITR 306; 3/5/09).
Trade Policy
WTO:
Global Trade is expected to decline by 9% in volume in 2009 based on contracting in the world markets (26 ITR 405; 3/26/09).
INTERNATIONAL AGREEMENTS AND INVESTMENTS
Export Controls
U.S.:
The Bureau of Industry and Security (U.S. DOC/BIS) request comments on the reasons for lack of use of BIS export licenses (26 ITR 412; 3/26/09).
Foreign Investments
South Korea:
The Ministry of Knowledge economy in charge of country Foreign Direct Investment (FDI) policy has made it easier for foreign companies investing in free economic zones to get the largest package of tax incentives available for FDI investors (26 ITR 422; 3/26/09).
LEGISLATIVE & LEGAL DEVELOPMENTS
Energy
U.S.:
S. 622 would reduce the tariffs on imported ethanol by 11 cents per gallon (26 ITR 411; 3/26/09).
Food Safety
U.S.:
S. 510 for improving the FDA regulation of domestic and imported foods may soon emerge from committee (26 ITR 411; 3/26/09).
Forestry
Canada:
The U.S. Court of Appeals for Federal Circuit upheld a lower court decision finding that the U.S. Bureau of Customs and Border Protection (CBP) properly classified lumber imported from Canada under HTS Heading 4407 covering "wood sawn or chip length wise, sliced or peeled, whether or not plain, sanded, or finger-jointed, or a thickness exceeding 6mm where the parties had agreed that the lumber fell within the broad terms of Heading 4407 but disagreed whether the goods fell under the specific heading of 4418 (Millennium Lumber Distribution Ltd. v. U.S. Fed. Cir. No. 2007-1401, 3/5/09; 26 ITR 427; 3/26/09.)
International Finance
OECD:
The United Nations Organization for Economic Cooperation and Development (OECD) released a report of the developing economies of Brazil, Russia, India, Indonesia, China and South Africa (BRIICS) that China is likely to remain one of the star performers in the coming years achieving more than 7% real economic growth for at least 25 years but that India's trade policies will continue to exacerbate and inhibit development of employment opportunities being the least open economy of its select group of countries (26 ITR 412; 3/26/09).
PROTECTION AGAINST TERRORISM
Export Controls
U.S.:
The National Research Council (NRC) presented a report that contends that the U.S. export control regime harms U.S. competitiveness without enhancing national security and recommends creating an economic competitiveness exemption that would eliminate export controls on "dual-use" technologies that are already legally available on the global market (26 ITR 311; 3/5/09).
Sources: IR - Interpreter Releases, Federal Publications, Inc.; Financial Times (FT); 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; TE - The Economist Magazine; GATM - German American Trade Magazine published by the German American Chamber of Commerce; 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
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.