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International Law Bulletin

October 6, 2017

International Law Bulletin - Vol. 21, No. 20


Vol. 21, No. 20 —September 2017

Editor

Henry M. Burwell

Co-Editors

Edward Rubinoff

William M. Poole

Suhail Seth

Jay Rogers

-

INTERNATIONAL BUSINESS AND TRADE 

Dumping: 

U.S.:           

The International Trade Commission (ITC) concluded that foreign solar panels are being dumped in the United States and dumping margin determinations will be made in normal proceedings (34 ITR 1284; 9/28/17). 

 

The ITC found a reasonable indication that U.S. industries were materially injured by the alleged unfair traded imports of uncoated ground wood paper from Canada (34 ITR 1285; 9/28/17). 

 

Dumping/Countervailing Duties

U.S.:           

Imports of titanium from Japan and Kazakhstan may result in new duties imposed by the Commerce Department based on investigations recently undertaken (34 ITR 1250; 9/21/17). 

 

Commerce Department imposed preliminary countervailing duties ranging from 17.32 percent to 32.07 percent on Chinese exporters and producers of tool chests and cabinets from China for receiving unfair subsidies  (34 ITR 1219; 9/14/17). 

             

INTERNATIONAL AGREEMENTS AND INVESTMENT

Bilateral Insurance Agreements:

U.S.:           

The U.S. and European Union (EU) signed an agreement to ease insurance regulation on American companies operating in the EU while eliminating collateral requirements for EU reinsurers operating in the U.S. (34 ITR 1289; 9/28/17). 

 

The U.S. and Kuwait will improve cooperation on customs enforcement under the Customs Mutual Assistance Agreement, signed September 7, 2017 (34 ITR 1235; 9/14/17). 

 

LEGISLATIVE DEVELOPMENTS

Agriculture:

U.S.:           

The Cultivating Revitalization by Expanding American Agricultural Trade and Exports (CREAATE) Act was introduced in the Senate to double funding over the coming five years for two Department of Agricultural export promotion programs (34 ITR 1306; 9/28/2017). 

 

LEGAL DEVELOPMENTS

Agricultural Import:

U.S.:           

The Commerce Department rule requiring importers of seafood to maintain and report key data on the initial list of seafood survived the legal challenge in the U.S. District Court of Columbia (Alpha Int’l Seafood v. Ross, 2017 BL301705, EDC, Case No. 1:17-CD-00031 (APN), 8/28/17; 34 ITR 1193; 9/7/17). 

 

Customs:

U.S.:           

Home Depot lost its case to obtain lower tariffs on imports of door knobs (Home Depot USA, Inc. v. US, 2017 EL333661, Ct. Int’l Trade, No. 41-00061, 9/21/17; 34 ITR 1287; 9/28/17). 

 

Dumping:

U.S.:           

Hitachi Metals Ltd. filed a complaint with the ITC claiming Chinese manufacturers stole secret processes for making amorphous metal ribbon (In the Matter of Certain Amorphous Metal and Products Containing Same, US ITC, No. 3255, 9/19/17; 34 ITR 1286; 9/28/17). 

 

Foreign Investments:

U.S.:           

The U.S. appealed the World Trade Organization (WTO) ruling that found the U.S. government maintained a series of illegal subsidies of the  Boeing Company for the production of its 737 MAX aircraft particularly focused on the $325 million Washington state tax cut which disadvantaged its European competitor Airbus in violation of WTO Rules (34 ITR 1245; 9/21/17).

 

Immigration:

U.S.:             

April 18, 2017  the White House issued Executive Order 13788 “Buy American, Hire American” to protect U.S. workers in the administration of the U.S. immigration system  with instructions to consular officers to conduct more due diligence and careful scrutiny of all visa applicants with particular emphasis on assuring all approvals for non-immigrant and immigrant visa classifications, particularly in the H, E and L categories are entitled to receive a visa notwithstanding the receipt of an approval notice from the U.S. agency with jurisdiction over the classification https://www.whitehouse.gov/; https://www.federalregister.gov/documents 

 

Privacy Shield Enforcement:

U.S.: 

Three companies accused of falsely claiming certification under the European Union–U.S. Privacy Shield program reached a settlement with the U.S. Federal Trade Commission (34 ITR 1236; 9/14/17).

 

INTERNATIONAL DEBT WATCH*

 Gross Domestic Product

Ind. Prodn

Budget Bal.

 

Latest

QTR*

2016*

Latest

% GDP 2016

United States

+2.2 Q2

+3.0

+2.1

+1.5 Aug

-3.4

China

+6.9 Q2

+7.0

+6.8

+6.0 Aug

-3.9

Japan

+1.4 Q2

+2.5

+1.6

+4.7 Jul

-4.5

Britain

+1.7 Q2

+1.2

+1.5

+0.4 Jul

-3.6

Canada

+3.7 Q2

+4.5

+2.6

+10.0 Jun

-2.1

France

+1.7 Q2

+1.9

+1.6

+3.7 Jul

-3.1

Germany

+2.1 Q2

+2.5

+2.1

+4.0 Jul

+0.7

Greece

+0.7 Q2

+2.2

+1.0

+1.7 Jul

-1.4

Italy

+1.5 Q2

+1.5

+1.3

+4.4 Jul

-2.3

Spain

+3.1 Q2

+3.5

+3.1

+2.0 Jul

-3.3

Turkey

+5.1 Q2

na

+4.0

+25.6 Jul

-2.0

Hong Kong

+3.8 Q2

+4.1

+3.1

+0.4 Q2

+1.0

South Korea

+2.7 Q2

+2.4

+2.9

+0.1 Jul

+0.9

Brazil

+0.3 Q2

+1.0

+0.6

+2.5 Jul

-8.1

Mexico

+1.8 Q2

+2.3

+2.1

-1.6 Jul

-1.9

*Excerpts from Economic and Financial Indicators published by The Economist, September 23rd, 2017

Sources: The Government Contractor (GC); Thomson Reuters Publishers; Federal Contracts Report, Bloomberg BNA, Bureau of National Affairs, Inc. (FCR); International Trade Reporter (ITR), International Trade Reporter Decisions (ITRD), TMIJ-Tax Management International Journal; IL – International Lawyer; FT – Financial Times; TE – The Economist Magazine; WSJ – Wall Street Journal; ILN/ABA-International Law News, American Bar Association; WorldECR; www.worldecr.com; London, England; Trade Security Journal (TSJ), London, U.K..