International Law Bulletin - Vol. 15, No. 8
INTERNATIONAL BUSINESS AND TRADE
Trade Balance
Brazil:
As a result of the depreciation of the U.S. Dollar, the prices of imports from the United States have declined significantly by 22% since April 2009 causing the Central Bank to begin buying U.S. Dollars (26 ITR 1169; 8/27/09).
Dumping
U.S.:
The Commerce Department ask for public comments on the best method to consider whether the scope of the anti-dumping order on petroleum wax candles from China should be expanded to include all novelty candles (Federal Register: 74 Fed. Reg. 42,230/August 21, 2009; 26 ITR 1174; 8/27/09).
Trade Policy
U.S.:
A World Bank economist reports that recent trade data suggests world trade may be headed for a major rebound in the next few months (26 ITR 1121; 8/20/09).
Chemicals
EU:
The European Union (EU) Commission published the final list of "Notified Substances" expected to be deemed registered under the Registration, Evaluation and Authorization of Chemical (REACH) Regulations (26 ITR 1128; 8/20/09).
Customs
Brazil:
Law 12016 took effect August 10, 2009 preventing courts from issuing injunctions mandating release of goods held in Brazilian Customs which have been subjected to classification review and is anticipated to give importers significant difficulties in administration (26 ITR 1134; 8/20/09).
Government Procurement
U.S.:
The Environmental Protection Agency (EPA) revised the conditions under which it will grant a "Buy American" waiver for water infrastructure projects (10 Federal Register: 74 Fed. Reg. 39,959; 26 ITR 1088; 8/13/09).
Labeling
South Korea:
The Ministry of Knowledge Economy announced a plan to amend the Foreign Trade Act to introduce tougher country-of-origin rules on exports and imports (26 ITR 1098; 8/13/09).
INTERNATIONAL AGREEMENTS AND INVESTMENTS
Foreign Investment
U.S.:
According to the Commerce Department Bureau of Economic Analysis, U.S. multinational corporations increased U.S. domestic employment by 387,300 jobs through their foreign affiliates located in the United States (26 ITR 1156; 8/27/09).
China:
Foreign Direct Investment (FDI) fell 35.7% in July from June 2009 marking its tenth consecutive month of declining FDI (26 ITR 1163; 8/27/09).
Mexico:
The Mexican government has developed a streamlined registration process for new companies to register on-line bypassing weeks of office visits and paperwork by allowing registration of Federal Requirements before registration with a notary public through visiting its website http://www.tuempresa.gov.mx (26 ITR 1166; 8/27/09).
U.N.:
The United Nations Conference on Trade and Development (UNCTAD) anticipates a decrease in foreign direct investment (FDI) throughout 2009 with recovery in 2010 and 2011 (26 ITR 1094; 8/13/09).
Textiles
Brazil:
A textile accord was entered with Bolivia which permits it to export duty-free to Brazil, up to $21,000,000 per year in textiles, thus eliminating the previous requirements for 60% of the imports to have raw material components to originate in Bolivia (26 ITR 1168; 8/27/09).
LEGISLATIVE & LEGAL DEVELOPMENTS
Agricultural
Canada:
Canadian Tobacco Bill (C-32) would ban many additives used in blended tobacco essentially banning American Burley Tobacco exports to Canada (26 ITR 1165; 8/27/09).
Export Controls
U.S.:
H.R. 3515 would require the Commerce Department to tighten controls on countries that do not sufficiently restrict transfers of sensitive military U.S. goods and technology to end users who cannot be identified (26 ITR 1088; 8/13/09).
Taxation
Brazil:
The Supreme Court issued a unanimous ruling that exporting companies may not use 15% of the Industrialized Products Tax (IPI) to pay other taxes (26 ITR 1167; 8/27/09).
Services Taxed
U.S.:
The Internet Poker and Games of Skill Regulation, Consumer Protection and Enforcement Act 2009 would create a licensing regimen for all internet gambling services limited to games in which success is predominantly determined by the skill of the players (26 ITR 1120; 8/20/09).
Trade Adjustment Assistance
U.S.:
The Labor Department proposes a rule that would affect personnel and funding for trade adjustment assistance programs at the state level (Federal Register: 74 Fed. Reg. 39,198/August 5, 2009; 26 ITR 1124; 8/20/09).
Import Policy
U.S.:
S. 1606 was introduced as the Foreign Manufacturer's Legal Accountability Act of 2009 to give U.S. consumers recourse against injuries caused by products manufactured outside the United States (26 ITR 1105; 8/13/09).
Labor Policy
U.S.:
The employees of foreign companies that supply goods to Wal-Mart Stores, Inc. failed to show that the retailers were liable for failure of the suppliers to comply with local laws as required under supply contracts of Wal-Mart and the foreign workers did not have the right to sue as third part beneficiaries under those agreements (Doe I vs. Wal-Mart Stores, Inc., 9th Cir., No. 08-55706; 7/10/09; 26 ITR 1073; 8/6/09).
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 Trade Daily/Bureau of National Affairs, Inc. (ITD)
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.