International Law Bulletin - Vol. 16, No. 2
INTERNATIONAL BUSINESS AND TRADE
AUTOMOTIVE
Spain:
The EU Industry Ministers agreed to seek a common vehicle strategy to be led by the European Commission to achieve the wide-spread introduction of electric vehicles in the EU to account for physical components such as batteries, vehicle charging stations, and infrastructure (27 ITR 263; 2/25/10).
ENERGY
Brazil:
The U.S. Environmental Protection Agency classification of sugar cane based ethanol as an advanced bio fuel will make the United States a captive market for this Brazilian export (27 ITR 272; 2/25/10).
EXPORTS
U.S.:
According to the U.S. Department of Commerce, less than 1% of U.S. companies export 58% of which export only to one country (27 ITR 251; 2/25/10).
U.S.:
The Commerce Department adopted a final rule amending the Foreign Trade Regulations to eliminate the requirement to report a Social Security Number as an I.D. number when registering to file electronic export information in the Automated Export System (AES) (27 ITR 255; 2/25/10).
INTELLECTUAL PROPERTY
U.S.:
The USTR reached an understanding with Israel to remove it from the special 301 Priority Watch List of countries identified as not adequately protecting intellectual property rights while implementing legislation to improve data protection, terms of patents on pharmaceuticals and white provisions are now being undertaken (27 ITR 281; 2/25/10).
TAXATION
Mexico:
The Supreme Court upheld the constitutionality of the IETU Corporate Flat Tax Rate at 17.5% that took effect in 2008 (27 ITR 274; 2/25/10).
TRADE POLICY
U.S.:
The U.S. has lost its leadership in global trade and manufactured goods ranking third behind China and Germany as the country continues to import more high tech manufactured goods than it exports (27 ITR 159; 2/04/10).
INTERNATIONAL AGREEMENTS AND INVESTMENTS
IMPORTS
U.S.:
The U.S. trade deficit in goods and services widened by 10.4% in December 2009 principally attributable to a surge in oil imports (27 ITR 219; 2/18/10).
GOVERNMENT PROCUREMENT
Canada:
The USTR representative signed a US/Canada agreement on government procurement giving the United States permanent access to Canadian provincial and territorial procurement contracts in accordance with the WTO Government Procurement Agreement (GPA) (27 ITR 233; 2/18/10).
LEGISLATIVE AND LEGAL DEVELOPMENTS
DUMPING
U.S.:
The U.S. Court of International Trade upheld the decision of the Commerce Department to apply a dumping margin on shrimp from Thailand to comply with WTO decision (Andaman Seafood Co., Ltd. v. U.S., Ct. Int’l Trade, No. 09-00091) (SLIP OP 10-12; 2/2/10; 27 ITR 237; 2/18/10).
U.S.:
The U.S. Court of International Trade affirmed the ruling of the Commerce Department application on remand of anti-dumping duties on freshwater crawfish tail meat from China (Washington International Insurance Co. v. U.S. Ct. Int’l Trade No. 08-00156) (Slip Op. 10-16); 2/9/10; 27 ITR 275; 2/25/10).
IMPORTS
U.S.:
The Consumer Product Safety Commission fined importer Schylling Associates, Inc. $200,000 civil penalty for allegedly distributing toys violating the 1978 federal ban on lead paint (27 ITR 219; 2/18/10).
U.S.:
The U.S. Court of Appeals for the Federal Circuit affirmed that an importer of men’s gloves alleging an equal protection violation because of the discriminatory impact of the tariff schedules failed to state a claim (Totes-Isotoner v. U.S., Fed. Cir., No. 2009-1113; 2/5/10; 27 ITR 198; 2/11/2010).
ECONOMIC SUMMARY TABLE REVIEW
In December 2009, American industrial production and manufacturing output grew by 1.7% although mining and utilities experienced a decline. The Euro Area recorded a trade surplus of 4.4 billion Euro in December compared with its deficit of 1.8 billion in December, 2008. Exports rose seasonally adjusted 3.1% between November and December while imports rose 1.7%. Industrial production in India grew by 16.8% in December. GDP in Japan expanded 1.1% in the last quarter of 2009.
|
COUNTRY |
LATEST Gross Domestic Product (GDP) |
QTR* Gross Domestic Product (GDP) |
2009 Gross Domestic Product (GDP) |
2010 Gross Domestic Product (GDP) |
INDUSTRIAL PRODUCTION LATEST |
|
United States |
+.0.1 Q4 |
+5.7 |
-2.5 |
+3.0 |
+0.9Jan. |
|
Japan |
-0.4 Q4 |
+4.6 |
-5.3 |
+1.5 |
+5.3 |
|
China |
+10.7 Q4 |
N/A |
+8.7 |
+9.6 |
+18.5Dec. |
|
Britain |
-3.2 Q4 |
+0.4 |
-4.7 |
+1.4 |
-3.6Dec. |
|
Canada |
-3.2 Q3 |
+0.4 |
-2.5 |
+2.7 |
-9.0Nov. |
|
Euro Area |
-2.1 Q4 |
+0.4 |
-3.9 |
+1.4 |
-5.0Dec. |
|
Austria |
-1.8 Q3 |
+1.5 |
-3.5 |
+1.2 |
-4.7Nov. |
|
Belgium |
-3.4 Q3 |
+2.0 |
-3.1 |
+1.3 |
-4.0Nov. |
|
France |
-.3 Q4 |
+2.4 |
-2.2 |
+1.6 |
-2.3Dec. |
|
Germany |
-2.4 Q4 |
Nil |
-4.4 |
+1.7 |
-6.7Dec. |
|
Italy |
-2.8 Q4 |
-0.9 |
-4.8 |
+1.1 |
-5.6Dec. |
|
Spain |
-3.1 Q4 |
-0.4 |
-3.6 |
-0.1 |
-1.5Dec. |
|
Poland |
+1.7 Q3 |
N/A |
+1.7 |
+2.5 |
+7.4Dec. |
|
Russia |
-8.9 Q3 |
N/A |
-8.0 |
+3.0 |
+2.7Dec. |
|
Turkey |
-3.3 Q3 |
N/A |
-5.9 |
+3.4 |
+25.2Dec. |
|
Australia |
+0.6 Q3 |
+0.7 |
+0.9 |
+2.9 |
-3.8 Q3 |
|
Hong Kong |
-2.4 Q3 |
+1.6 |
-3.5 |
+4.6 |
-8.6 Q3 |
|
India |
+7.9 Q3 |
N/A |
+6.5 |
+7.3 |
+16.8Dec. |
|
Singapore |
+3.5 Q4 |
-6.8 |
-2.1 |
+4.9 |
+14.4Dec. |
|
South Korea |
+6.0 Q4 |
+0.7 |
+0.5 |
+4.0 |
+33.9Dec. |
|
Taiwan |
-1.3 Q3 |
N/A |
-3.5 |
+4.2 |
+47.3Dec. |
|
Thailand |
-2.8 Q3 |
+5.5 |
-3.2 |
+3.2 |
+35.7Dec. |
|
Argentina |
-0.3 Q3 |
+0.2 |
+0.7 |
+3.1 |
+9.7Nov. |
|
Brazil |
-1.2 Q3 |
+5.1 |
-0.3 |
+5.0 |
+18.9Dec. |
|
Mexico |
-6.2 Q3 |
+12.2 |
-6.8 |
+3.4 |
+1.6 |
|
Israel |
+1.9 Q4 |
+4.4 |
+0.6 |
+2.7 |
-2.6Nov. |
|
South Africa |
-2.1 Q3 |
+0.9 |
-1.8 |
+2.8 |
+3.2Dec. |
(TE/2-20-2010)
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.