INTERNATIONAL BUSINESS AND TRADE

Countervailing Duties

U.S.:           

U.S. industry was determined by the International Trade Commission (ITC) to have been materially injured by imports of supercalendered paper from Canada (32 ITR 2055; 11/26/15). 

Dumping

U.S.:           

The Commerce Department initiated anti-dumping and countervailing duty probes of imports of certain iron mechanical transfer drive components from China and Canada (32 ITR 2056; 11/26/15). 

Automated teller machines with deposit automation modules, check recognition modules and like features will be investigated under Section 337 of the Tariff Act per the announcement of the ITC (32 ITR 2010; 11/19/2015).

Imports

Russia:         

The government imposed a ban on purchase of foreign software for government use (32 ITR 2057; 11/26/15). 

Policy

China:          

New FTZ guidelines were issued by the Shanghai Free Trade Zone to underwrite the continuing effort to globalize China’s currency (32 ITR 2020; 11/19/15).  

INTERNATIONAL AGREEMENTS AND INVESTMENT

Government Procurement

Ukraine:       

The World Trade Organization (WTO) accepted the bid of the Ukraine to join the Government Procurement Agreement (GPA) 32 ITR 2004; 11/19/15). 

LEGISLATIVE DEVELOPMENTS

Agriculture

U.S.:           

The Food and Drug Administration (FDA) published final rules under the Food Safety Modernization Act (FSMA) outlining requirements for growing, harvesting and packing produce and verifying that foreign suppliers achieve the same food safety standards as a U.S. business (32 ITR 2003; 11/19/15).

Data Privacy

France:        

Companies that need to transfer personal data to the U.S. should use model contractual clauses published by the French Data Procedure Authority (CNIL) pending the issuance of a new directive by the European Commission since the invalidation of the U.S.-EU Safe Harbor Program occurred pursuant to the October 2015 decision of the European Court of Justice (32 ITR 2059; 11/26/15). 

Dumping

U.S.:           

The Trade Enforcement Improvement Act (S. 2299) would add new provisions to strengthen trade enforcement activities including allowing retroactive duties where critical circumstances exist, allowing duties to be imposed before critical harm is done and requiring the publication of a list of duty evaders (32 ITR 2056; 11/26/15). 

Export Control

U.S.:           

The U.S. Department of Energy (DOE) has adopted a final rule amending its regulations to ensure contractors recognize the responsibilities to comply with applicable export control laws and regulations in accordance with its Department of Energy Acquisition Regulations (DEAR) (45 WorldECR 11/2015, p. 5). 

Export Licensing

Canada:        

General Export Permit (GEP) No. 41 governing “dual use” goods and technologies exported to certain destinations came into effect August 2015 eliminating the necessity for obtaining an individual export permit for such “dual use” items (45 WorldECR 11/2015, p.11). 

Seafood

U.S.:           

H.R. 774 contains provisions to prevent illegally harvested fish from entering U.S. constituting a critical step in fighting illegal, unreported and unregulated seafood fraud (32 ITR 1972; 11/12/15).  

LEGAL DEVELOPMENTS

Dumping

U.S.:           

Imports of certain coated papers from China produced by Gold East Paper (Jiangsu) Co. will be subject to anti-dumping duties of 3.64% after the CIT affirmed the Commerce Department rate calculation after the department submitted its fourth recalculation under court direction (Gold East Paper (Jiangsu) Co. v. U.S., 2015 BL 385444, Ct. Int’l Trade, No. 10-00371 (Slip. Op. 15-131) 11/23/15; 32 ITR 2054; 11/26/15). 

Intellectual Property

U.S.:           

The International Trade Commission (ITC) ruled that competitors of the classic sneaker manufacturer Converse have tried to import knock-offs into the country in violation of its trademarks In the Matter of Certain Footwear Products, Int’l Trade Comm’n, Investigation No. 337-TA-936, 11/17/15; 32 ITR 2071, 11/26/15).

The authority of the International Trade Commission does not extend to bar imports that infringe U.S. patents since its jurisdiction is limited to tangible articles only and does not extend to electronic transmissions of data into the U.S.  (ClearCorrect Operating LLC v. ITC, 2015 DL 369951, Fed. Cir. No. 2014-1527, 11/10/15; 32 ITR 2007; 11/19/15).  

Tariff Classification

US:             

Xerox Corp. convinced the Court of International Trade (CIT) that power supplies are static converters suitable for physical incorporation into its product to control electricity flow entitled to duty free entry as opposed to “other” static converters subject to 1.5% duties (Xerox Corp. v. U.S., 2015 BL 385420, Ct. Int’l Key Trade No. 05-00474 (Slip. Op. 15-132), 11/23/15; 32 ITR 2054; 11/26/2015).  

EXPORTS AND SANCTIONS

Russia:         

Russia will ban food imports from the Ukraine starting January 1, 2016 (32 ITR 2058; 11/26/15). 

Banking

Germany:     

Deutsche Bank agreed to pay $258 million dollars and install an independent monitor for monitoring its transactions in connection with its illegal activities in countries subject to U.S. sanctions including Iran, Libya, Syria, Burma and Sudan (45 WorldECR 11/2015, p. 2). 

Export Licensing

U.S.:           

The Office of the Foreign Assets Control (OFAC) expanded the list of items of medical supplies which may be exported to Iran under a general license (45 WorldECR 11/2015, p. 3).  

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