INTERNATIONAL BUSINESS AND TRADE

Dumping

U.S.:

Antidumping and countervailing duties will be imposed on carbon and certain alloyed steel wire rod from China as a result of International Trade Commission (ITC) decisions (Investigation Nos. 701-TA-512; 731-TA-1248 (31 ITR 2167; 12/18/14).

The Commerce Department announced that imports of water treatment chemical calcium hypochlorite from China was sold in U.S. at less than fair value and subject to countervailable government subsidies (31 ITR 2129; 12/11/14).

The Commerce Department launched investigations of imports of chemical melamine to see whether goods from China and Trinidad and Tobago will be subject to dumping/countervailing duties (31 ITR 2132; 12/11/14).

Canada:

The Canada Border Services Agency (CBSA) will investigate the alleged dumping and subsidies of solar energy equipment from China with such investigations being conducted under the Special Import Measures Act (31 ITR 2149; 12/11/14).

LEGISLATIVE DEVELOPMENTS

Export Controls

U.S.:

The Naval Vessel Transfer Act of 2013 (S. 1683) passed the Senate after earlier House approval reinstating Section 12(c) of the Export Administration Act of 1979 allowing the Commerce Secretary to withhold records sought by a Freedom of the Information Act discovery request if the Secretary of Commerce deems it to be in the national interest (31 ITR 2163) at 12/18/14).

Procurement

Canada:           

The government is considering legislative sanctions to retaliate against the Alaskan government’s application of the Buy America Act provisions frustrating a Canadian bid on structural steel for an infrastructure project in Northern British Columbia (31 ITR 2176; 12/18/14).

Agriculture

U.S.:

The Animal and Plant Health Inspection Service (APHIS) issued a final rule amending regulations for imports of poultry and poultry products from regions where avian influenza (HPAI) is considered to exist (79 Fed. Reg. 70,997 (31 ITR 2091; 12/4/14).

LEGAL DEVELOPMENTS

Sanctions

U.S.:           

Standard Chartered Bank Plc may have committed trade sanctions violations beyond those covered in its 2012 settlement with the U.S. Department of Justice for violating the regulations prohibiting business with Iran resulting in the bank remaining under investigation and U.S. oversight for an additional three years (U.S. v. Standard Chartered Bank, DDC, No. 1:12-CR-00262, notice docketed, at 12/10/14 (31 ITR 2168; 12/18/14).

Dumping/Countervailing Duties

U.S.:        

The U.S. Supreme Court declined to hear a challenge as to how antidumping and countervailing duty funds are to be disbursed to U.S. industry rejecting the appeal by the Standard Furniture Manufacturing Co. (Standard Furniture Mfg. Co. v. International Trade Commission, 2014 BL 350720, U.S., No. 14-139, cert. den. 12/15/14 (31 ITR 2167; 12/18/14).

Procurement

Canada:            

The Canadian International Trade Tribunal (CITT) upheld in part a complaint by CGI Information Systems and Management Consultants, Inc. that Canada Post Corp violated requirements for government bodies under the NAFTA by failing to properly evaluate its bid to supply software services (CGI Info. Sys. & Mgmt. Consultants, Inc. v. Canada Post Corp,Canadian International Trade Tribunal, Nos. PR-2014-016 & PR-2014-021, 10/14/14; 31 ITR 2177; 12/18/14.)

Customs Classification

U.S.:           

An importer will have to pay a higher duty rate on certain steel screws after an appeals court declined to rehear the case (GRK Canadian, Ltd. v. U.S., 2014 BL 343026, Fed. Cir., No. 2013-1255, 12/8/14; 31 ITR 2131, 12/11/14).

Hartford Fire Insurance Company failed to convince a federal appeals court that the surety bonds it issued to secure antidumping duties on its entries of crawfish from China should have been voided under an allegation that Customs and Border Protection (CBP) should not have accepted such bonds (Hartford Fire Ins. Co. v. U.S., 2014 BL 336286, Fed. Cir., No. 2013-1585, 12/1/14) (31 ITR 2101; 12/4/14).

False Claims Act

U.S.: 

A federal appeals court affirmed the dismissal of the lawsuit of a whistleblower brought under the False Claims Act which alleged fraudulent mislabeling of Chinese originated pencils on the grounds that the lawsuit was based upon publicly disclosed allegations or transactions thereby eliminating court jurisdiction (U.S. ex rel. Doe v. Staples, Inc., 2014 BL 337851, DC Cir., No. 13-7071, 12/2/14) (31 ITR 2097; 12/4/14). 

EXPORTS SANCTIONS AND PROCUREMENT

Sanctions

U.S.:

The Bank of Tokyo Mitsubishi UFJ (“BTMU”) has been fined $315 million by the New York Department of Financial Services (“DFS”) for misleading regulators regarding its transactions in Iran, Sudan, Miramar and with other sanctioned entities (7 World ECR #36 Nov/Dec 2014).

Export Controls

Canada:

Significant changes to the Export Control List were published in the Canadian Gazette (http://www.gazette.gc.ca) (9 World ECR #36 Nov/Dec 2014).

INTERNATIONAL DEBT WATCH*

Click here to view table.

*Excerpts from Economic and Financial Indicators published by The Economist, December 20, 2014