EXPORT POLICY

U.S.:

The U.S. Trade Representative has a new agenda for the National Export Initiative with a goal to double U.S. exports in five years to support over 2,000,000 jobs (27 ITR 290, 3/4/10).

BALANCE OF TRADE

WTO:

The head of the World Trade Organization (WTO) announced that world global trade declined 12% in 2009 but is expected to rise 4.3% in 2010 and 6.2% in 2011 (27 ITR 294).

COUNTER-VAILING DUTIES

U.S.:

The Commerce Department preliminarily imposed counter-vailing duties (CVD) on imports of certain coated paper suitable for high quality print graphics using sheet-fed presses from China and Indonesia (Coated Paper Suitable for High Quality Print Graphics Using Sheet-Fed Presses from China and Indonesia, ITA); (27 ITR; 3/4/10).

CHEMICALS

China:

New rules on registration and reporting of new chemical substances will take effect October 15, 2010 in China with provisions that are less stringent than those under REACH in Europe (27 ITR 302; 3/4/10).

DUMPING

U.S.:

The Commerce Department made a final determination that plastic bags from Taiwan were being dumped in the U.S. market (Polyethylene Retail Carry Bags from Taiwan, ITA); (27 ITR 438; 3/25/10).

TAXATION

Mexico:       

The federal government is modifying its maquiladora regime to prevent tax evasion and boost tax collection by prohibiting the use of machinery and equipment once owned by the company in Mexico or by related parties and limiting the use of Mexican materials to require that goods must be manufactured by materials of foreign origin (27 ITR 309; 3/4/10).

TRADE SANCTIONS

Brazil:

A list of 102 American products is now subject to Brazilian trade sanctions as a result of U.S. failure to comply with WTO rulings on cotton subsidies unless an amicable solution is found by April 11, 2010 (27 ITR 328; 3/11/10).

IMPORTS

U.S.: 

The Consumer Product Commission reached an agreement with a Seattle importer to pay over $2,000,000 in civil penalties for importing children’s products and toys that violated lead and phthalate levels and small-parts requirements (27 ITR 330; 3/11/10).

FOREIGN INVESTMENT

OECD:        

The Organization for Economic Cooperation and Development (OECD) reported that international investment within the 30 member countries decreased 50% in 2009 marked by a broad decline in cross border mergers and acquisitions but 2010 is expected to improve (27 ITR 375; 3/18/10).

CHEMICALS

EU:   

The European Chemicals Agency (ECHA) published appeal procedures for a manufacturer or importer of chemical substances in seeking to overcome a denial for entry of chemicals into the EU (27 ITR 423; 3/15/10).

TRADE POLICY

India:

The Indian Ministry of Commerce has signed a framework agreement in cooperation on trade and investment with the United States (27 ITR 431; 3/25/10).

JURISIDICTION

U.S.: 

H.R. 4678 (Foreign Manufacturers Legal Accountability Act of 2010) would require foreign manufacturers and producers of products to establish U.S. based registered agents to receive service of legal process and to consent to jurisdiction to be implemented by the Food and Drug Administration, the Consumer Product Safety Commission and the Environmental Protection Agency (27 ITR 296; 3/4/10).

INTELLECTUAL PROPERTIES

U.S.: 

Philip Morris International filed a complaint against Uruguay accusing it of undermining its intellectual property rights through packaging restrictions which rights are to be protected under the bilateral investment treaty with the U.S. (27 ITR 310; 3/4/10).

SANCTIONS

U.S.: 

H.R. 4645 introduced by the House Agriculture Committee Chairman is designed to increase U.S. agriculture exports to Cuba (27 ITR 311; 3/4/10).

EXPROPRIATION

NAFTA:      

AbitibiBowater, Inc. filed a Notice of Arbitration under NAFTA for $500,000,000 for damages allegedly suffered from government expropriation in the provinces of Newfoundland and Labrador (27 ITR 312; 3/4/10).

AGRICULTURE

U.S.: 

The U.S.D.A. Animal and Plant Health Inspection Service (APHIS) adopted changes in the final rule removing inspection exemptions for imported fruits and vegetables from Canada and began imposing user fees (27 ITR 352; 3/11/10).

DUMPING

U.S.: 

S.3080 (Unfair Foreign Competition Act) would create a private right of action on behalf of U.S. manufacturers harmed by dumping or illegal subsidies (27 ITR 357; 3/11/10).

INFRINGEMENT

U.S.: 

Crocs, Inc. won a reversal of the holding of “obviousness” and “non-infringement findings involving its patented shoes as the U.S. Court of Appeals for the Federal Circuit overturned the International Trade Commission findings (Crocs, Inc. v. International Trade Commission, Fed. Cir., No. 2008-1596, 2/24/10; 27 ITR 358; 3/11/10).

TRADE POLICY

U.S.: 

Currency Exchange Rate Oversight Reform Act of 2010 is being introduced to pressure China to revalue its currency (27 ITR 383; 3/18/10)

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.