Environmental Tax 

France:   

A new version of the carbon tax will go into effect July 1, 2010 applying to big industrial polluters. (27 ITR 40; 1/14/10) 

Agriculture 

Russia:   

Two U.S. poultry producers were determined to be ineligible to export poultry to Russia as a result of failing to satisfy the Russian Federation regulation limiting the use of chlorine as an antimicrobial processing treatment. (27 ITR 40; 1/14/10) 

The Russian government announced new meat import quotas for the period 2010-2012. (26 ITR 1769; 12/24/09) 

Dumping 

U.S.:      

The Commerce Department made a preliminary determination that China is dumping certain steel grating in the U.S. market. (Steel Grating from China, ITA) (27 ITR 24; 1/7/10) 

Canada:  

A preliminary investigation into alleged dumping by U.S. manufacturers of polyiso insulation board into the Canadian market disclosed a reasonable indication of injury to Canadian producers. (27 ITR 25; 1/7/10) 

Export 

Russia:   

The government adopted a decree to subsidize Russian exporters of industrial products in support of interest payments due on export loans. (26 ITR 1769; 12/24/09)

Regional Agreements 

APTA:     

The Asian-Pacific Trade Agreement (APTA) comprised of six nations agreed to additional tariff reductions and has begun the process of admitting Mongolia to the trade pact. (26 ITR 1774; 12/24/09)

Trade 

U.S.:         

H.R. 4284 was signed by the President extending for one year duty-free benefits under the Generalized System of Preferences (GSP) and the Andean Trade Preferences Act (ATPA) for Colombia, Ecuador and Peru. (27 ITR 6; 1/7/10) 

Torts 

China:      

The National People's Congress passed the Tort Liability Law reinforcing liability procedures already established in the environmental law. (27 ITR 20; 1/7/10) 

Export 

U.S.:      

S.2862 "Small Business Export Enhancement and International Trade Act" will give small businesses access to an export working capital loan program. (26 ITR 1766; 12/24/09) 

Customs 

U.S.:         

The Affordable Footwear Act (H.R. 4316) will save American consumers billions of dollars by eliminating outdated duties on imported shoes and sneakers. (26 ITR 1766; 12/24/09)

The Bureau of Customs and Border Protection (CBP) published proposed rule amendments to reflect the centralization of the continuous bond program. (27 ITR 10; 1/7/10)

Intellectual Property  

U.S.:      

A U.S. software company sued the Chinese government, two Chinese software manufacturers and seven international computer makers over alleged copyright and trade secret infringement involving a web censoring program. [Cybersitter LLC v. People's Republic of China, C.D.C. CV. 10-0038 GAF (SHX) 1-5-10; 27 ITR 41; 1/14/10)]

Customs 

U.S.:      

The U.S. Court of International Trade rejected the petition of Ford Motor Company for refunds of duties paid on goods claimed to have been entered duty-free under the North American Free Trade Agreement (NAFTA) finding that it lacked jurisdiction over a petition that failed to include certificates of origin as submitted within one year after the date of liquidation. [(Ford Motor Co. v. U.S., CT Int'l. Trade No. 03-00115) slip op. 10-4, 1-12-10; (27 ITR 79; 1/21/10)] 

The U.S. government and Xerox Corp. presented an issue of first impression to the U.S. Court of International Trade (CIT) to stay a case challenging a Bureau of Customs and Border Protection (CBP) decision until the CIT can rule on the motion to dismiss on jurisdictional grounds under Section 305(g)(1) of the Trade Agreements Act of 1979 concerning the country of origin of certain merchandise of toner cartridges for federal government procurement purposes demonstrating compliance with the Buy American Act through "substantial transformation" under the regulatory test. (Xerox Corp. v. U.S., CT Int'l Trade No. 07-00337, 1/26/10; 27 ITR 116; 1/28/10) 

Dumping 

U.S.:         

A domestic ball bearing manufacturer asked the U.S. Supreme Court to review a U.S. Court of Appeals for the Federal Circuit decision upholding a requirement that a party must express support for a dumping or countervailing duty petition to qualify for a share of duties collected under the Byrd Amendment defining "affected domestic producers" as producers of the light domestic product who support the petition. (SKF USA Inc. v. U.S. Customs and Border Protection, U.S. No. 09-767-122809; 27 ITR 35; 1/14/10)

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.