Procurement

W.T.O.:      

The World Trade Organization (WTO) has received charges from the European Union (EU) and Japan challenging the domestic content requirements under the Feed-In-Tariff (FIT) program in Ontario charging that wind and solar projects which include a minimum amount of goods and services to originate in Ontario violates WTO rules prohibiting the linking of subsidies to the use of domestic products and results in discriminatory treatment against other WTO members (29 ITR 108; 1/26/12). 

U.S.:           

The Department of Energy (DOE) is waiving the "Buy American" requirements after determining goods were unavailable in satisfactory quantity in the U.S. by making public announcements of limited waivers for chillers, valves, LED bulbs, rotary screw air compressors, electronic governors with actuators, universal control modules (76 Fed. Reg. 81,922), rectified strands of 5 millimeter LED mini-bulbs, "ancillary items" for ballast disconnects, and flat plate collectors (76 Fed.Reg. 81,920); (29 ITR 10; 1512). 

Dumping

U.S.:           

The Commerce Department announced investigation on imports of utility scale wind towers from China and Vietnam and a countervailing duty probe on the imports from China (Utility Scale Wind Towers From China And Vietnam, ITA); (29 ITR 119; 1/26/12). 

The Commerce Department announced investigations of imports of large residential washers from Korea (AD/CVD and Mexico) AD (Large Residential Washers from Korea and Mexico, ITA); (29 ITR 120; 1/26/12).  

The Commerce Department announced an investigation into the imports of steel wire garment hangers from Vietnam and Taiwan and a countervailing probe of Vietnamese hangers (Steel Wire Garment Hangers from Vietnam and Taiwan, ITA); (29 ITR 120; 1/26/12).

The Commerce Department initiated an anti-circumvention inquiry to determine whether imports are circumventing the anti-dumping duty order on certain steel threaded rod from China (77 Fed. Reg. 473); (29 ITR 51; 1/12/12).

Export Control

U.S.:           

 The Bureau of Industry and Security (BIS/Commerce) adopted a final rule for licensing requirements on exports of microwave and millimeter wave electronic components in respect of the Commerce Control List (CCL) under the Export Administration Regulations (EAR); (77 Fed. Reg. 1017; 29 ITR 73); (1/19/12). 

Customs

U.S.:           

The U.S. Customs and Border Projection (CBP) proposes a policy change making it easier for related companies that base transaction value on transfer pricing studies or advanced pricing agreements (APAs) to obtain a post-importation adjustment under a letter ruling HRL548314 (29 ITR 40; 1/12/12). 

South Korea:

A plan has been finalized to harmonize tax treatment of imported goods between customs authorities and local tax administration units to help multinational companies doing business in South Korea (29 ITR 23; 1/5/12).

Trade

Canada:        

Canada and the U.S. signed a two year extension of the Softwood Lumber Agreement (SLA) entered in 2006 (29 ITR 116; 1/26/12).

Intellectual Property

U.S.:           

The U.S. Supreme Court upheld a statute restoring the rights in foreign works that were not protected before the implementation of the Berne Convention holding neither the First Amendment nor the Progress Clause bars protection of works already in the public domain (Golan v. Holder, U.S. No. 10-545, 1/18/12); (29 ITR 121; 1/26/12). 

Foreign Investment

U.S.:           

 The U.S. Court of Appeals for the Second Circuit ruled that a Peruvian statute limiting to 3% a portion of its agencies' budget which can go towards paying a judgment is a significant "public factor" warranting dismissal of a petition for confirmation of an arbitral award on grounds of forum non conveniens (Figueiredo Ferraze Engenharia De Projeto Ltda. v. Republic of Peru, 2d Cir., No. 09-3925-CV(L) 12/14/11 (29 ITR 123; 1/26/12). 

Jurisdiction

U.S.:           

The Federal District Court of South Carolina determined that the exercise of personal jurisdiction over non-resident defendants should not solely be predicated on the ability of a manufacturer to foresee that his product would end up in a particular state such as the "stream of commerce" theory holds but the defendant in this case had engaged conduct showing an intent to serve the market in the state in respect of the accident thereby warranting jurisdiction to be established (Smith v. Teledyne Continental Motors, Inc. D.S.C. No. 9:10-CV-02152, 1/3/12); (29 ITR 89, 1/19/12). 

Immigration

U.S.:           

The U.S. District Court for South Carolina granted to the U.S. Department of Justice the motion for a preliminary injunction regarding numerous sections of the South Carolina immigration law regarding (i) transport and harboring, (ii) failure to carry a certificate of alien registration, and (iii) state and local law enforcement authority to determine immigration status (89 IR 6; 1/2/12). 

The U.S. CIS has published a Notice of Intent outlining a plan to streamline the process of filing an application for waiver of grounds of inadmissibility to allow certain individuals seeking permanent residence to apply for and be granted provisional waivers prior to departing the U.S. for consular processing under the Form I-601 waiver application process (89 IR 65; 1/9/12).

Sanctions

U.S.:           

The Treasury Department announced new sanctions against the Iranian Bank Tejarat described as the third largest bank in Iran which is ostensibly involved with the Iranian government's continuation of its nuclear program (29 ITR 125; 1/26/12). 

Database Records

U.S.:           

The Terrorist Screening Database System of Records has been finalized under a new system (SORN) of the Department of Homeland Security (DHS) and does not require an exemption under the Privacy Act (77 Fed. Reg. 39408); (89 IR 15; 1/2/12). 

* Excerpts from Economic and Financial Indicators published by The Economist, January 28, 2012

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; LB-Lehman Brown China Business Insights International Accountants; and Lehman, Lee & Xu; China Patents in the News, January 2012.

.