INTERNATIONAL BUSINESS AND TRADE

Countervailing Duties

U.S.:          

According to the International Trade Administration of the Commerce Department, China and Indonesia have been determined to be providing countervailable subsidies to producers/exporters of uncoated paper ranging from 5.82% to 126.42% and 43.19% to 131.12% thereby resulting in a requirement for cash deposits to be made upon import of such products into the U.S. (32 ITR 1152; 6/25/15). 

Data Privacy

EU:            

Government officials of the European Parliament are seeking to insure that bi-lateral and multi-lateral trade agreements such as the Transatlantic Trade and Investment Partnership (TTIP) with the U.S. do not threaten the enforcement of European Union (EU) data protection laws (32 ITR 1102; 6/18/15). 

Dumping

Canada:        

The Canada Border Services Agency (CBSA) issued a preliminary finding that Chinese exports of solar energy equipment merit the imposition of dumping duties of 9.3 to 154.4% and countervailing duties of .003-.340 Renminbi per watt rating of the equipment (32 ITR 1071; 6/11/15).  

INTERNATIONAL AGREEMENTS AND INVESTMENT

Customs

Dominican Republic:      

The U.S. and the Dominican Republic signed a joint work plan to facilitate trade focused on reducing customs clearance times and related costs for goods traded between the countries (32 ITR 1031; 6/4/15). 

Export of Services

EU:             

The EU exports more services than it imports increasing 29% in the year 2014 with 26% of that total going to the United States valued at $217.5 billion (32 ITR 1104; 6/18/15).  

LEGAL DEVELOPMENTS

Dumping

U.S.:           

The Surety American Home Assurance Co. is liable for the unpaid anti-dumping duties on fresh water crawfish tail imported meat from China (U.S. v. Am. Home Assurance Co., 2015 BL191818, Fed. Cir., No. 2014-1292, 6/17/15; 32 ITR 1155; 6/25/15). 

Pure magnesium exported from China by Tianjin Magnesium Metal Co., Ltd. will remain free of anti-dumping duties (U.S. Magnesium LLC v. U.S., 2015 BL 171,561, Ct. Int’l Trade No. 14-00038, 6/1/15); (32 ITR 1011; 6/4/15). 

Exports

U.S.:           

French Bank BNP Paribas S.A. was sentenced to a five year term of probation and order to forfeit nearly $9 billion to the U.S. Government for conspiracy to violate the International Emergency Economic Powers Act (IEEPA) and the Trading with the Enemy Act (TWEA) by processing transactions through its financial system on behalf of Sudanese, Iranian and Cuban entities (41 WorldECR 6/20/15; www.justice.gov). 

Labeling

U.S.:           

The U.S. Administration will seek arbitration of the request by Mexico to impose retaliatory trade measures stemming from the World Trade Organization (WTO) ruling that U.S. labeling rules requiring meat producers in foreign jurisdictions to indicate on retail packaging where an animal was born, raised and slaughtered accords less favorable treatment to imported meat than given to domestic products in violation of international trade rules (32 ITR 1144; 6/25/15). 

WTO:          

Arbitration is being sought to forestall retaliatory tariffs from Canada proposed as a result of the discriminatory application and violation of WTO trade rules arising by the unlawful retail packaging rules imposed by the U.S. on international meat producers from Canada (32 ITR 1144; 6/25/15). 

The U.S. appealed a recent WTO decision that its “dolphin-safe” labeling rules discriminate against certain fishing regions in violation of international trade rules (32 ITR 1043; 6/11/15). 

Tariff Classification

U.S.:           

Otter Product, LLC protective cases will benefit from a reduced import duty rate of 5.3% rather than the previous 20% rate assigned by U.S. Customs and Border Protection (US CBP) upon reconsideration of that determination by the Court of International Trade (CIT) (Otter Prods., LLC v. U.S., 2015 BL 172,921, Ct. Int’l Trade, No. 31-00269 (Slip Op. 15-49), 5/26/15); 32 ITR 1057, 6/11/15).  

LEGISLATIVE DEVELOPMENTS

Agriculture

U.S.:           

The Food and Drug Administration (FDA) hopes to launch a program administered under the Voluntary Qualified Importer Program (VQIP) to ensure U.S. food imports meet the same safety standards as those set for domestically produced foods (80 Fed. Reg. 32,136); (32 ITR 1047; 6/11/15). 

Cyber Security Exports

U.S.:           

The Bureau of Industrial Security (BIS) is seeking comments on its proposed rule requiring an export license for surveillance and intrusion equipment and software to all destinations except Canada (www.bis.gov; (Docket ID: BIS-2015-0011). 

Exports

U.S.:           

State Department Directorate of Defense Trade Controls (DDTC) proposed changes to the International Traffic and Arms Regulations (ITAR) to clarify the registration and licensing requirements for U.S. persons furnishing “defense services” in support of “defense articles”(80 Fed. Reg. 30,001, 26 May 2015; 41 WorldECR 6/20/15). 

DDTC issued proposed revisions to clarify the scope of activities and information covered by ITAR (80 Fed. Reg. 31,525, 3 June 2015; 41 WorldECR 6/20/15). 

Trade

U.S.:           

The Senate approved legislation allowing Trade Promotion Authority (TPA) for the Administration whereby the President could submit agreements to Congress for an expedited, up-or-down vote without amendments (32 ITR 1142; 6/25/15). 

The State Trade Coordination Act (H.R. 2587) would require the federal Trade Promotion Coordinating Committee to represent various state promotion trade groups in an effort to improve opportunities and resources available to small business (32 ITR 1052; 6/11/15).  

EXPORT SANCTIONS AND PROCUREMENT

Sanctions

Japan:          

The police arrested the head of a trading company and two colleagues on suspicion of unlawful export of carbon fiber to a Chinese company (41 WorldECR 6/20/15;www.meti.go.jp). 

U.S.:           

BIS published guidance on the types of due diligence exporters should undertake including consideration of a checklist of numerous items regarding the use of front companies, intermediaries and other activities regarding transshipment (41 WorldECR 6/20/15, p. 3. (www.bis.doc.gov)).

INTERNATIONAL DEBT WATCH*

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