International Law Bulletin - Vol. 15, No. 7
INTERNATIONAL BUSINESS AND TRADE
Customs
U.S.:
The Bureau of Customs and Border Protection (CBP) issued guidelines on the assessment and cancellation of claims for liquidated damages for Importer Security Filing (ISF) violations by importers and vessel carriers which are published in the Customs Bulletin and Decisions. (26 ITR 992; 7/23/09)
Government Procurement
Taiwan:
Taiwan acceded to the World Trade Organization (WTO) Government Procurement Agreement (GPA) which will allow U.S. firms to have increased access to the market in Taiwan valued in excess of $21 billion. (26 ITR 1004; 7/23/09)
China:
The government has decided to enforce a "buy domestic" stipulation on its economic stimulus spending further elevating trade tensions with the United States particularly in view of the fact that China has yet to join the WTO GPA. (26 ITR 882; 7/2/09)
Safeguards
India:
India announced imposition of final safeguards due to imports of aluminum products from China. (26 ITR 964; 7/06/09)
Procurement
U.S.:
The Environmental Protection Agency announced the "Buy America" provisions apply to projects funded with $40 million in stimulus funds under certain Brownfield grants to cleanup public buildings or public works. (26 ITR 913; 7909)
The Department of Commerce announced it was waiving the "Buy America" provision with regard to its broadband grant program because the application of the provision would be "inconsistent with the public interest." (26 ITR 874; 7/2/09)
Dumping
E.U.:
The European Union ("EU") agreed to extend the anti-dumping and countervailing duties on biodiesel imports from the United States for another five years on the basis that the tax credits in the U.S. give U.S. producers an unfair advantage. (26 ITR 919; 7/9/09)
Export Controls
U.S.:
The Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to authorize the first Indian firm to enter the Validated End-User (VEU) program. (26 ITR 926; 7/9/09)
INTERNATIONAL AGREEMENTS AND INVESTMENTS
Technology
U.S.:
The U.S. and India signed a Technology Safeguards Agreement with side letters on U.S. licensed components for spacecraft launched from Indian facilities (26 ITR 1002; 7/23/09)
Foreign Investment
U.N.:
The Organization for Economic Cooperation and Development (OECD) announced foreign direct investment into the world's wealthiest economies plunged 50% in the first quarter of 2009 amounting to a decline of $500 billion and projects a further decline to 60% by the end of 2009. (26 ITR 915; 7/9/09)
Conventions
U.N.:
The UNCITRAL Convention on Independent Guaranties and Stand-by Letters of Credit (1995) may be embraced this year by countries seeking to adopt international legal standards to increase access to international credit facilities such as stand-by letters of credit and demand guaranties to support local commerce and trade. (38 ILN No. 3; Summer 2009, p. 26)
LEGISLATIVE & LEGAL DEVELOPMENTS
Intellectual Property
U.S.:
The Trademark Trial and Appeal Board rejected an attorney's effort to register the mark "U.S. Customs" finding it to be suggestive of the former governmental agency that bore a similar name and thereby unregistrable (In re H. Herrick, T.P.A.B., No. 76653159, 62609; 26 ITR 1009; 7/23/09)
Procurement
U.S.:
The Office of Management and Budget (OMB) issued interim final guidance on the "Buy America" provisions in the American Recovery and Reinvestment Act of 2009. (26 ITR 952; 7/16/09)
Intellectual Property
WTO:
Kazakhstan moved to amend its copyright and intellectual property laws in keeping with the requirements of the WTO. (26 ITR 962; 7/16/09)
Chemical
China:
The Ministry of Environmental Protection is considering amendments to its 2003 law on environmental management of new substances. (26 ITR 963; 7/16/09)
Foreign Investments
Canada:
Draft regulations have been published to implement the updated review process to scrutinize foreign investments under the Investment Canada Act. (26 ITR 968; 7/16/09)
Sanctions
U.S.:
H.R. 3081 authorizes appropriations for the State Department and Foreign Operations for fiscal year 2010 including a provision to prohibit the U.S. Export-Import Bank from providing financial assistance to any company supplying refined petroleum to Iran or contributing to the development of its petroleum resources. (26 ITR 974; 7/16/09)
Textiles
U.S:.
A bill was introduced in the House to provide duty-free treatment to apparel products from the Philippines if the producer uses some American produced yarn and fabric. (26 ITR 926; 7/9/09)
Customs
U.S.:
The U.S. Court of Appeals for the Federal Circuit affirmed the ruling of the lower court for the application of subheading 3921.90.11 applied to plastic-coated textile products whose textile component is wholly of man-made fibers (Value Vinyls, Inc. v. United States, Fed. Cir. No. 2007-1562/1609; 26 ITR 934; 7/9/09)
PROTECTION AGAINST TERRORISM
Customs
Japan:
Japan and the U.S. signed a Mutual Recognition Agreement for recognizing compatibility of cargo security programs. (26 ITR 925; 7909)
Protection Against Terrorism
U.S.:
The US Customs and Border Protection (CBP) published corrections to its interim final rule establishing the importer security filing (ISF) requirements as part of its layered security strategy put in place after the 9/11 terrorist attacks. (26 ITR 954; 7/16/09)
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; International Law News, ILN (American Bar 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.