Dumping 

WTO:

The World Trade Organization issued a preliminary ruling backing the complaint of China against the European Union that led to the imposition of anti-dumping duties on imports of Chinese iron and steel fasteners (27 ITR 1294; 8/27/2010).  

US:   

The Department of Commerce preliminarily developed a new interpretation for scope ruling requests concerning petroleum wax candles from China and requested further comments due by September 13, 2010 (27 ITR 1312; 8/27/10).

The Department of Commerce published the final determination eliminating anti-dumping duties on plastic bags from 3 affiliated Thai companies consistent with the World Trade Organization decision (75 Fed. Reg. 48,940; 27 ITR 1275; 8/27/10).  

Imports

Taiwan:   

The Taiwanese Legislature recently reclassified Taiwanese rice wine as a food and cooking ingredient rather than a distilled spirit leading to a price reduction equaling 50% raising the specter of potential loss of export sales of U.S. liquors (27 ITR 1299; 8/27/10).  

Taxation

Brazil: 

Tax breaks have been adopted for exporters investing in technological innovation allowing exporting companies to receive a credit for export taxes paid (27 ITR 1231; 8/27/10).  

Mergers/Acquisitions

        US:     

Private equity funds are under pressure to return monies to their investors and sovereign funds invested around $12 billion in corporate acquisitions in the second quarter of this year suggesting the beginning of a rebound in M&A volume (TE, August 28, 2010 "Waiting for a Wave", page 53). 

Foreign Investment 

UN:   

The UN Conference on Trade and Development (UNCTAD) released a report indicating that there are a total of 357 arbitration disputes underway by the end of 2009 representing an increase of over 57% during the past 5 years while the number of bilateral investment treaties has increased from 1,881 in 2000 to 2,751 in 2009.  ("Investor-State Disputes: Prevention Alternatives to Arbitration", www.unctad.org; 27 ITR 1288; 8/27/2010). 

Brazil: 

Under new rules foreigners cannot collectively own more than 25% of the farmland in any given rural municipality thereby changing the 1971 law (27 ITR 1302; 8/27/10). 

Mexico:

Companies can now register investments from foreign sources via the Internet instead of in person.  (27 ITR 1304; 8/27/10). 

UN:     

The UNCTAD reports international foreign direct investment (FDI) inflows fell drastically in 2009 as a consequence of the global financial crisis decreasing over 37% with the United States declining 59% with only a modest recovery in 2010 (27 ITR 1179; 8/27/10).  

Bi-Lateral Agreement 

Taiwan:  

The Taiwanese Legislature approved a landmark trade pact with China in an Economic Cooperation Framework Agreement (ECFA) and committed to further agreement on intellectual property rights (27 ITR 1300; 8/27/10). 

NAFTA 

US:   

The Canadian government agreed to pay AbitibiBowater, Inc. $130,000,000 (Canadian Dollars) to settle an investor's claim filed under the North American Free Trade Agreement over the expropriation of company assets in Newfoundland and Labrador (27 ITR 1307; 8/27/10).  

Export Financing 

US:   

The owner of an El Paso, Texas equipment company and a Mexican nut processing business were indicted for defrauding the U.S. Export-Import Bank in the fraudulent sale of $950,000 of equipment (U.S. v. Parra, WD TEX No. 3:10-CR-02159, 27 ITR 1311; 8/27/2010).  

Intellectual Property 

Taiwan:   

The IPR Protection Agreement signed by Taiwan and China enables the governments of the two countries to jointly resolve disputes (www.president.gov.tw; International Trade Daily; 8/27/2010). 

TSC Introduces Streamline Procedure for I-485 and I-140 Processing

The Texas Service Center introduced a new email procedure that members of AILA can use to help identify I-485 and I-140 cases that have remained pending beyond the stated processing times posted on the USCIS website (AILA InfoNet Doc. No. 08103067) (Jamilia Smith). 

New Fees for H-1B and L-1 Visa Classification Petitions 

Public Law 111-230 was signed August 13, 2010, requiring Petitioners to pay additional fees of $2,000 for certain H-1B petitions and $2,250 for certain L-1 petitions which are postmarked on or after August 14, 2010, with the law remaining in effect through September 30, 2014.  It applies to petitioners who employ 50 or more employees in the U.S. and more than 50% of these employees are in H-1B or L non-immigrant status (Service Center Operations Teleconference; AILA Doc. No. 05041564) (Jamilia Smith). 

Immigration 

US:   

The DHS announces a rule for the ESTA Fee of $4.00 for administering the system in addition to the $10.00 travel promotion fee with payments by electronic travel authorization applications through credit or debit card (www.cbp.gov August 9, 2010). 

H.R. 5875 titled the Border Security Emergency Supplemental Appropriations Act of 2010 was passed and signed by the President on August 13, 2010, appropriating significant funds related to staffing on the U.S. southwest border establishing training centers and raising fees for certain categories of L-1 & H-1B Visa applications (87 IR 1589; 8/16/2010). 

The Department of Homeland Security (DHS) issued a final rule amending the regulations providing that employers and recruiters or referrers for a fee who are required to complete and retain a Form I-9 may sign the form electronically and retain it in electronic format (87 IR 1473; 7/26/2010).  

The Office of Chief Administrative Hearing Officer (OCAHO) issued a precedent decision regarding unfair immigration-related employment practices, employer sanctions and immigration-related document fraud in the case of U.S. v. New China Buffet Restaurant, 10 OCAHO 1132 (March 18, 2010) where the Administrative Law Judge bifurcated the issues of liability and relief in a detailed discussion of various factors and criteria involved in assessing and mitigating penalties (87 IR 1488; 7/26/2010).  

BALCA Decision Regarding Advertising for Labor Certification

In the application Matter of Edgenet, Inc., 2010-PER-00003 (BALCA July 12, 2010) the employer filed an application for certification for the position of computer software engineer listing the position on a job search website (CareerBuilder.com).  The cached search results page shows a print date identified with different titles matching the terms but the Certifying Officer (CO) denied certification stating the dated copies of web pages are necessary to establish the timeliness of the advertisement and to verify the content of the advertisement (87 IR 1445; 7/19.2010). 

Sanctions 

US:   

Mahmoud Banki was sentenced from 16 to 30 months in prison for the operation of an informal funds transfer system in violation of the Iran Trade Embargo sanctions (U.S. v. Mahmoud Reza Banki, SDNY, 10 CR. 8 JFK, 8/16/10; 27 ITR 1316; 8/27/10).  

The Office of Foreign Assets Control (OFAC) issued Iranian Financial Sanctions Regulations as a final rule to implement provisions of the Comprehensive Iran Sanctions, Accountability and Divestment Act of 2010 (75 Fed. Reg. 49,836; 27 ITR 1277; 8/27/10).          

Customs 

US:   

The Textile Enforcement and Security Action of 2010 (S. 3741) would provide CBP with expanded authority, increased resources and enhanced tools to facilitate trade while targeting companies and individuals violating rules on enforcement of textile imports (27 ITR 1216; 8/27/10).  

Government Procurement 

US:   

H.R. 5320, the Assistance Quality, and Affordability Act of 2010 is a drinking water infrastructure bill which includes Buy American provisions (27 ITR 1174; 8/27/10). 

Export Control 

US:   

The Bureau of Industry and Security of the Department of Commerce (BIS/DOC) amended the Export Administration Regulations (EAR) in an interim final rule to clarify that commodity classification determinations and advisory opinions regarding BIS issues under the EAR may not be relied upon as a government determination concerning jurisdiction (75 Fed. Reg. 45,052; 27 ITR 1177; 8/27/10).  

The BIS issued a final rule that clarifies the scope of the "direct product rule" in the EAR noting that items subject to this rule include (i) foreign-made items located outside of the U.S.; (ii) items subject to national security controls and (iii) direct products of U.S.-origin software or technology that requires a written assurance as a supporting document for a license or as a precondition for use of the License Exception Technology and Software, Restricted (TSR) and are being re-exported to a destination in a country of national security concern or terrorist-supporting country (27 ITR 1177; 8/27/10). 

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.