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International Law Bulletin

September 11, 2018

International Law Bulletin - Vol. 22, No. 8


Vol. 22, No. 8 — August 2018

Editor

Henry M. Burwell

Co-Editors

Edward Rubinoff

William M. Poole

Suhail Seth

Jay Rogers

Woojoo Shin

-

INTERNATIONAL BUSINESS AND TRADE 

Agriculture

U.S.:           

The Administration is seeking authorization to impose about $350 million duties in trade retaliation against Indonesia through the WTO alleging that Indonesia has not lived up to its WTO obligations under the ruling from November 2017 affecting a range of U.S. goods within the agricultural and meat processing industries (35 ITR 1060; 8/9/18).

 

Dispute Resolution

China:          

The Ministry of Commerce (MOC) of China filed an official challenge at the WTO against U.S. tariffs on solar sales and U.S. subsidiaries for renewable energy products  (35 ITR 1094; 8/16/18). 

 

WTO:          

The World Trade Organization (WTO) issued a ruling in favor of Vietnam and Taiwan in regard to their challenges to steel duties imposed by Indonesia opening the prospect that if the steel tariffs are not revised in accordance with WTO standards, Vietnam and Taiwan could engage in protected trade retaliation  (35 1118; 8/23/18). 

         

Trade Policy

Turkey:        

Additional tax on imports of a broad range of U.S. goods were imposed in retaliation for the decision taken by the U.S. Administration in respect to tariffs  (35 ITR 1118; 8/23/18).

 

U.S.: 

Effective August 23, 2018 the U.S. will begin imposing 25% duties on an additional $16 billion of Chinese imports collecting on 279 product lines following up the 25% duties imposed on $34 billion of Chinese goods effective July 6th, 2018  (35 ITR 1058; 8/9/18).

 

INTERNATIONAL AGREEMENTS AND INVESTMENT 

Dispute Resolution

Mexico:        

The Government ratified an investor-state dispute settlement convention (International Centre for Settlement of Investment Disputes - ICSID) which will strengthen the position of Mexico as an attractive destination for investment providing greater certainties to foreign investors  (35 ITR 1082; 8/9/18).

LEGISLATIVE DEVELOPMENTS

Customs

U.S.:           

The Administration will propose new regulations clarifying how importers can get duty refunds ("drawbacks") as a result of the Customs Bureau Protection agency not fulfilling its duty to provide regulations under the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA) as required by that law  (35 ITR 1045; 8/2/18). 

 

Intellectual Property

Singapore:    

The Intellectual Property (Border Enforcement) bill amends the Copyright Act, Trademarks Act and Registered Designs Act to fight counterfeit imports regarding intellectual property  (35 ITR 1123; 8/23/18).

 

LEGAL DEVELOPMENTS

Dumping

U.S.:           

The CIT ruled that Stanley Works (Langfang) Fastening Systems Co.,Ltd. shall not obtain a reduction in duties on nails entered in the U.S. between 2014 and 2015 under its theory of "differential pricing" which method is used to determine whether foreign companies engaged in "targeted dumping" by selling products at unfairly low prices to a subset of U.S. customers  (The Stanley Works (Langfang) Fastening Systems Co., Ltd. v. U.S., Ct. Int'l Trade No. 17-00071, 8/13/18)  (35 ITR 1097; 8/16/18). 

 

U.S.:           

The Vietnamese manufacturer SeAH Steel VINA Corp. will face higher duties on shipments of oil drilling equipment according to the CIT  (SeAH Steel VINA Corp. v. U.S., Ct. Int'l Trade No. 14-00224, 8/13/18).

 

Duties

U.S.:           

Imports of compression hosiery will not get special tariff treatment as products designed for handicapped persons according to the Federal Circuit Court of Appeals (Sigvaris, Inc. v. U.S., Fed. Cir., No. 17-02237, 8/16/18; 35 ITR 1119; 8/23/18). 

 

Imports

U.S.:           

The Court of International Trade (CIT) ruled on August 14th that the Administration must immediately ban the importation of certain fish and fish products from Mexico since it is deemed to be in violation of the Marine Mammal Protection Act of 1972 requiring such bans to include prohibitions against the importation of drum fish, Spanish mackerel, and chano from the Gulf of Mexico  (35 ITR 1097; 8/16/18). 

 

Trade

Canada:        

The Canadian International Trade Tribunal is investigating a complaint by Harris Corp. about a multimillion dollar contract to supply the Royal Canadian Mounted Police with night vision binoculars asserting that the contract awarded in November, 2017 to the Canadian company Millbrook Tactical, Inc. which alleges that the procurement process conducted by the Public Services and Procurement Canada violated Chapter 10 of the NAFA  (35 ITR 1127; 8/23/18).

 

EXPORTS AND SANCTIONS

Trade Policies

U.S.: 

U.S. exporters may export certain high technology products with dual use in civilian and military sectors without a license after the Department of Commerce announced it is granting India special status under the Export Administration Regulations (EAR)  (35 ITR 1073; 8/9/18).

 

INTERNATIONAL DEBT WATCH*

 Gross Domestic Product

Ind. Prodn

Budget Bal.

 

Latest

QTR*

2018*

Latest

% GDP 2018

United States

+2.9 Q2

+4.2

+2.9

+4.2 Jul

-4.6

China

+6.7 Q2

+7.4

+6.6

+6.0 Jul

-3.7

Japan

+1.0 Q2

+1.9

+1.2

-0.9 Jun

-3.8

Britain

+1.3 Q2

+1.5

+1.3

+1.2 Jun

-1.7

Canada

+2.3 Q1

+1.3

+2.3

+3.8 May

-2.3

France

+1.7 Q2

+0.6

+1.8

+1.7 Jun

-2.4

Germany

+1.9 Q2

+1.8

+2.1

+2.5 Jun

+1.3

Greece

+2.3 Q1

+3.1

+2.0

+1.2 Jun

-0.2

Italy

+1.1 Q2

+0.7

+1.2

+1.7 Jun

-2.0

Spain

+2.7 Q2

+2.3

+2.7

-2.0 Jun

-2.7

Turkey

+7.4 Q1

na

+4.3

+2.9 Jun

-2.8

Hong Kong

+3.5 Q2

-0.9

+3.4

+1.0

+1.9

South Korea

+2.9 Q2

+2.8

+2.8

-0.4 Jun

+1.0

Brazil

+1.2 Q1

+1.8

+1.6

+3.5 Jun

-7.0

Mexico

+2.6 Q2

-0.6

+2.2

+0.2 Jun

-2.3

*Excerpts from Economic and Financial Indicators published by The Economist, September 1, 2018.

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..