Dumping

U.S.:

The Commerce Department initiated anti-dumping and countervailing duty investigations of imports of certain steel pipe from India, Oman, United Arab Emirates and Vietnam.  Certain Steel Pipe from India, Oman, The United Arab Emirates and Vietnam, ITA (28 ITR 1904; 11/24/11).

The Commerce Department proposed preliminary dumping duties on imports on bottom mount combination refrigerator-freezers from South Korea and Mexico (Bottom Mount Combination Refrigerator-Freezers from South Korea and Mexico, ITA (28 ITR 1795; 11/3/11). 

The International Trade Commission will investigate whether the national and state governments of China are providing illegal financial assistance to manufacturers of energy generating solar cells and whether underpriced imports threaten to wipe out the U.S. crystalline silicone solar cell manufacturing capability (CSPV Cells and Modules from China, ITC, 10/19/11) (28 ITR 1749; 11/3/11).

International Finance

Brazil:          

The government criticized the report of projected economic growth of 3.6% for 2011 and 3.5% for 2012 issued by the Organization for Economic Cooperation and Development (OECD) stating the projections were pessimistic and contained macroeconomic inconsistencies (28 ITR 1867; 11/17/11). 

Bilateral Agreements

South Korea: 

The National Assembly ratified the Free Trade Agreement with the United States opening the way for implementation in early 2012 (28 ITR 1890; 11/24/11). 

Labeling

WTO: 

The World Trade Organization (WTO) made findings in a dispute panel that the U.S. Country of Origin Labeling (COOL) requirements for meats unfairly discriminate against imports in violation of WTO Rules with a significant and negative impact on Canadian and Mexican shipments (28 ITR 1899; 11/24/11).

Food Safety

Canada:  

The Canadian Food Inspection Agency finalized amendments to its regulations to harmonize requirements for registration and inspection of meat processing plants with those in the United States and the European Union (28 ITR 1901; 11/24/11).

Sanctions

U.S.: 

The White House signed an executive order November 21 imposing new economic sanctions against any persons conducting business with the government of Iran in support of petro chemical operations of that country (ITR 1908; 11/24/11).

House Foreign Affairs Committee reported unanimous voice votes on the Iran Threat Reduction Act (HR 1905) and the Iran, North Korea and Syria Non-Proliferation Reform and Modernization Act (HR 2105) (28 ITR 1831; 11/10/11). 

Customs Duties

U.S.: 

The U.S. Court of Appeals for the Federal Circuit declined to create an “implied automatic allowance” in determining that there are no consequences to the U.S. Customs and Border Protection (CBP) for failing to act on a protest filed by a party within the two year period required by statute in the decision of Hitachi Home Electronics (American) Inc. v. USCBP, Fed. Cir., No. 2010-1345 10/31/11; 28 ITR 1870; 11/17/11).

Export Controls

U.S.:           

The Commerce Department and State Department issued proposed rules that would move most of the aircraft and related items on the U.S. Munitions List (USML) Category VIII to the dual use Commerce Control List (CCL) and move similar articles currently controlled in multiple categories into a single category or subcategory, revise ITAR Regulations Section 121.3 to define “aircraft” more clearly and remove revision controls on generic parts, accessories, components and attachments that are specifically designed or modified for a defense article (76 Fed. Reg. 68,675; 28 ITR 1810; 11/10/11). 

The State Department published two final rules regarding the International Traffic and Arms Regulations (ITAR) concerning Libya and on the return of export licenses (28 ITR 1832; 11/10/11). 

Customs

U.S.:           

CBP amended its regulations adding provisions for use of sampling methods and audits and disclosure cases for the offsetting of overpayments and over declarations involving calculations of lost duties, taxes, fees or monetary penalties (28 ITR 1814; 11/10/11). 

Chemical

 China:          

The Ministry of Environmental Protection and State Administration of Work Safety has issued amendments and procedures for the production, use, transportation and labeling of substances including hazardous chemicals which will result in new registration procedures and changes in mechanisms for accountability (28 ITR 1820; 11/10/11). 

Intellectual Properties

U.S.:           

A bill has been introduced to impose duties on Chinese goods in amounts equivalent to estimated losses suffered by U.S. intellectual property rights holders due to piracy and counterfeiting in China under H.R. 3375 (28 ITR 1823; 11/10/11). 

Bilateral Agreements

U.S.:           

US CBP published interim regulations to implement the preferential tariff treatment and other customs related provisions of the Free Trade Agreement with Peru (FTPA) (28 ITR 1827; 11/10/11). 

Taxation

Brazil:          

The Supreme Court suspended the validity of a government decree raising the IPI Excise Tax on imported cars by 30% (28 ITR 1792; 11/3/11). 

Customs

U.S.:           

The Customs and Border Protection (CBP) will conduct National Customs Automation Program (NCAP) tests on Automated Commercial Environment (ACE) entry capability including functionalities specific to the filing of entry data (76 Fed. Reg. 69,755; 28 ITR 1888; 11/24/11).

The Advisory Committee on Commercial Operations of Customs and Border Protection (COAC) is reviewing the expansion of the Customs-Trade Partnership Against Terrorism trusted shipper program (C-TPAT) (76 Fed. Reg. 71,994; 28 ITR 1888; 11/24/11).

CBP announced establishment of centers to facilitate processing of pharmaceuticals in New York and electronics in Los Angeles as a single point of processing import documentation in its Trusted Shipper Program and Importer Self Assessment Program (C-TPAT; ISA) (28 ITR 1740; 10/27/11). 

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.