Agriculture 

Russia:         

New sanitary and quarantine regulations for the Russian Customs Union with Kazakhstan and Belarus were issued in July (27 ITR 1146; 7/29/10). 

Dumping

U.S.:            

The International Trade Commission (ITC) will investigate certain toner cartridges and components (27 ITR 1158; 7/29/10). 

Export Finance

U.S.:            

The U.S. Ex-Im Bank announced the signing of a Framework Agreement with the Brazilian Development Bank, Banco Nacional (BNDES) (27 ITR 1046; 7/8/10). 

Export Controls

U.S.:            

The Bureau of Industry and Security (BIS) issued a final rule amending the Export Administration Regulations (EAR) by adding twenty-four names to the Entities List under nine designations and removing a firm from the list clarifying or imposing additional export controls (75 Fed. Reg. 36,517; 27 ITR 978; 7/1/10). 

Chemicals

E.U.:            

The European Chemicals Agency (ECHA) added the following eight substances to a "candidate list" for authorization to be considered as substances of "very high concern" which may be banned or restricted under the REACH legislation:  ammonium dichromate, boric acid, disodium tetraborate, potassium chromate, potassium dichromate, sodium chromate, tetraboron disodium heptaoxide, and trichloroethylene (27 ITR 984; 7/1/10). 

Foreign Investment

Brazil:          

The National Council of Justice adopted a measure to increase government scrutiny of land purchases by foreigners (27 ITR 1155; 7/29/10). 

Bilateral Agreements

China:          

China signed an Economic Cooperation Framework Agreement (ECFA) with Taiwan to strengthen economic ties with its largest trading partner and improve its competitiveness in East Asia (27 ITR 1037; 7/8/10). 

Canada:        

The Parliament gave final approval to legislation to implement the Canada-Columbia Free Trade Agreement (27 ITR 1045; 7/8/10). 

Labor Certification - Location of Job Opportunity and Notice of Filing (NOF) 

The Certifying Officer (CO) denied an application for labor certification for a customer support specialist on the ground that the Notice of Filing (NOF) did not clearly identify the location of the job opportunity where it indicated the individual would provide technical support for customers in New York, Miami and California (87 IR 1173; 6/14/2010) (Matter of HSBC Bank USA, NA, 2009-per 00404 (BALCA 6/1/2010).

Labor Certification - Denial based on Lack of Affidavit Under a Motion to Reconsider 

An employer that filed an application for labor certification for the professional position for social work case manager was rejected by the CO which was upheld by the Board of Alien Labor Certification Appeals (BALCA) on the grounds that the media channel - through which advertisement was conducted by posting the position on the website of the employer - was not properly attested by an affidavit from the Human Resources Vice President of the employer (Matter of PSI Family Services, Inc.; 2010 per-00097) (BALCA 4/16/2010); (87 IR 1140, 6/7/2010).

Visa Waiver (ESTA Program) 

The U.S. Customs Border Protection (CBP) takes a strict interpretation of "misrepresentation" relating to making an application for a Visa Waiver through the Electronic System Travel Authorization (ESTA) program which requires an applicant to disclose all circumstances regarding a refused entry or expedited removal.  Failure to report accurately a refused admission or cancellation or revocation under question "F" on the application may be viewed as an instance of visa fraud resulting in severe consequences respecting future prospective admissions (Jamilia.Smith@nelsonmullins.com), AILA-VO Liaison Meeting Minutes 3/24/2010).

Degree Equivalency Confusions 

HGMA Systems (2009 BALCA LEXIS 218, 8/6/2009) decided that the job requirements established equivalency between a Master's Degree plus three years experience as equal to a Bachelor's Degree plus five years experience thereby contradicting the employer's assertion that a Bachelor's Science Degree plus five years experience equaled a Masters in Science Degree.  To compare the two positions, the employer's interpretation was too restrictive to be accepted by the Appeals Board which accordingly resulted in a denial of the application for labor certification.  [The Board decision dated August 6, 2009 (2009 BALCA LEXIS 221, 8/6/2009) in the Globalnet case denied that fourteen years of job related experience was equivalent to a primary job credentials requirement of a Bachelor's Degree plus two years based on the formula adopted by the regulations of the U.S. Citizenship and Immigration Service (U.S. CIS) holding that regulations of USCIS do not apply to labor certification by the U.S. DOL (15 IB 863, 6/15/2010)]. 

Duties

U.S.:            

The U.S. Manufacturing Enhancement Act (HR 4380) was passed by the Senate clearing the way for signature by the President to suspend U.S. tariffs for hundreds of inputs into the U.S. manufacturing process that are not produced in the United States (27 ITR 1135; 7/29/10). 

A petition to the U.S. Supreme Court to grant review to determine whether the U.S. tariff schedule facially discriminates on the basis of gender or age was brought by Totes-Isotoner Corp. in challenging the schedule on equal protection grounds with respect to discriminating duties assessed on seamed leather gloves for men and women (Totes-Isotoner Corp. v. U.S., U.S. No. 09-1360 filed 7/9/10; 27 ITR 1156; 7/29/10). 

Standards

U.S.:            

The Foreign Manufacturers Legal Accountability Act (HR 4678) went to the House floor for consideration of the special rules of U.S. owned foreign subsidiaries or companies of foreign manufacturers with U.S. affiliates to ensure foreign corporations that produce or import products into the U.S. will meet U.S. standards and are subject to the U.S. legal system (27 ITR 1137; 7/29/10). 

The National Manufacturing Strategy Act (HR 4692) would require the establishment of a National Manufacturing Strategy Board to conduct comprehensive analysis of the manufacturing sector with the aim of strengthening manufacturing sector and creating jobs (27 ITR 1138; 7/29/10).

Energy

U.S.:            

The Clean Energy Technology Manufacturing and Export Assistance Act (HR 5156) would authorize over $75,000,000 over five years to implement a strategy to promote exports of clean energy technology to assist part suppliers, clean energy technology firms and engineering and design firms to be competitive in creation of clean energy technology sector jobs in the U.S.  (27 ITR 1140; 7/29/10). 

Export Controls

U.S.:            

The Bureau of Industry and Security (BIS) issued a final rule extending the grace period for the encryption registration requirement under the Export Administration Regulations (EAR) until August 24, 2010 (75 Fed. Reg. 43,819), (27 ITR 11 40; 7/29/2010). 

Sanctions

U.S.:            

The House passed a resolution (HJ RES. 83) renewing import restrictions in the Burmese Freedom and Democracy Act of 2003 (27 ITR 1120; 7/22/2010). 

Customs

U.S.:            

The U.S. Customs and Border Protection (CBP) prevailed in an argument in a U.S. Federal District Court case over the validity of its use of "trace metal" profiles in analyzing agricultural products for country of origin determinations in an anti-dumping trans-shipment case involving honey. The honey samples received in Seattle, WA were declared by the importer as having originated in either Thailand or the Philippines but samples tested by the CBP Lab revealed trace metal profiles indicating the product came from China thereby subjecting the importer to further proceedings (27 ITR 10 49; 7/8/2010). 

Environment

U.S.:            

The Environmental Protection Agency (EPA) has withdrawn approval for the import and sale of gasoline powered off-road motorcycles and all-terrain vehicles imported through Chinese manufacturers (Hensim U.S.A., Loncin U.S.A., Peace Industry Group, and Seaseng) stating the vehicles fail to meet the emissions standards required by the EPA and the California Air Resource Board voiced its disapproval for the same vehicles sold in California (27 ITR 1038; 7/8/10). 

A Federal Appeals Court held that the Department of Agriculture (APHIS) did not act wrongly in adopting a rule requiring either heat treatment or fumigation by methyl bromide of solid wood packaging material prior to importation (NRDC v. U.S.D.A., 2d Cir., No. 09-2021-CV, 7A10) (27 ITR 1085; 7/15/10).

Procurement

U.S.:            

The Assistance, Quality and Affordability Act of 2010 (HR 5320) authorized an increase in funding for state drinking water revolving funds under the Safe Drinking Water Act but is replete with the Buy American requirements found in the 2009 Recovery and Reinvestment Act (ARRA) and Federal Acquisitions Regulations (FARs) that increases the overall cost of a project by more than twenty-five (25%) percent for foreign sourcing of components or services absent the issuance of a waiver in the public interest (27 ITR 994; 7/1/10). 

Standards

Canada:        

A Consumer Protect Safety Act would strengthen safety laws by prohibiting products deemed to be unsafe and making it an offense to use labels that make false or deceptive safety or health claims for products entering Canadian commerce (C-36 introduced in the House of Commons)  (27 ITR 995; 7110). 

Dumping

U.S.:            

The U.S. Court of Appeals for the Federal Circuit ruled that the finding of the Commerce Department that mixed-waxed candles are "later-developed merchandise" covered by the anti-dumping (AD) order on petroleum candles from China was supported by substantial evidence and in accordance with the law Target Corp. v. U.S., Fed. Cir., No. 2009-1518; 27 ITR 998; 7110.   

Export Finance

U.S.:            

G. Mondino pleaded guilty in the U.S. District Court for the District of Columbia in leading a scheme to defraud the U.S. Ex-Im Bank of more than $24,000,000 in purchasing U.S. exports on behalf of clients in the Caribbean, Central America and South America, as well as, other foreign countries by submitting false and fraudulent information to the Bank, engaging in mail fraud and money laundering (U.S. v. Mondino DDC, 110-CR-00141, 62310; 27 ITR 1000; 7/1/10). 

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.