International Trade

  • August 27, 2014

    Bose Sics ITC On Beats Over Headphone Patents

    The International Trade Commission said Wednesday that it will investigate whether Beats Electronics International LLC's noise-canceling headphones or components imported from China infringe Bose Corporation's patents and violate section 337 of the Tariff Act of 1930.

  • August 27, 2014

    TPP Breakthrough Unlikely As Key Players Remain Coy

    Chief Trans-Pacific Partnership negotiators will use a 10-day session next month in Hanoi, Vietnam, to chip away at outstanding chapters of the agreement such as food safety, intellectual property and investment, but experts doubt that a serious breakthrough will occur, as the political climates of key TPP nations remain murky.

  • August 27, 2014

    Electrical Steel Imports Elude Duties In Surprise ITC Ruling

    In an unexpected move, the U.S. International Trade Commission will not to levy duties against imports of steel used in power transformer cores from Germany, Japan and Poland after deciding Wednesday that even though the products have been dumped in the U.S., they pose no threat to domestic producers.

  • August 27, 2014

    USDA Could Open Door To Chinese Citrus Fruit Imports

    The U.S. Department of Agriculture could soon allow the importation of previously banned citrus fruits from China like mandarin oranges, saying it would impose added regulations to prevent the incidental importation of pests into the U.S.

  • August 27, 2014

    ITC Finds No Threat By Venezuelan Ferrosilicon, Cans Duty

    The United States International Trade Commission has decided not to impose antidumping duties on Venezuelan ferrosilicon because the imports don't injure or threaten to injure the U.S. market, the commission said Tuesday.

  • August 27, 2014

    CPSC's Elliot Kaye To Narrow Gap Between Agency, Industry

    New U.S. Consumer Product Safety Commission Chairman Elliot Kaye is a “great collaborator” who will seek to work with companies on new safety rules and a pragmatic problem-solver who will facilitate dialogue between Congress, industry and the public, attorneys and former colleagues say.

  • August 27, 2014

    Hershey Sues Candy Importer For Flouting Famous Marks

    Hershey Co. launched a suit in Pennsylvania federal court Monday accusing a New Jersey-based specialty food importer of refusing to stop the sale of chocolate and candy products that rip off the look, name and packaging of several popular Hershey products, including Reese's and Kit Kat.

  • August 26, 2014

    2nd Circ. Won't Rehear Pemex's Tossed $160M Bribery Suit

    The Second Circuit on Monday declined to grant a panel rehearing to Petroleos Mexicanos and Pemex-Refinacion over the court's dismissal of a $160 million lawsuit alleging Siemens AG and SK Engineering & Construction Co. Ltd. bribed Mexican government officials to secure a refinery construction contract.

  • August 26, 2014

    Whirlpool Sues Commerce To Challenge Scope Of Duty

    Whirlpool Corporation sued the U.S. federal government on Tuesday in the U.S. Court of International Trade to block the Department of Commerce’s inclusion of door handles for some of its kitchen appliances under antidumping and countervailing duty orders on aluminum goods from China.

  • August 26, 2014

    AUO Asks Full 9th Circ. To Rehear $500M Antitrust Case

    AU Optronics Corp. asked the entire Ninth Circuit on Monday to reconsider its appeal of a $500 million price-fixing fine the government won against the liquid crystal display maker, saying the recent panel decision upholding the penalty misinterpreted the evidence in the case.

  • August 26, 2014

    China's Antitrust Glare Leaves Few Options For Foreign Cos.

    Amid a drive to promote domestic champions, Chinese antitrust enforcers have increasingly turned their sights on foreign companies, and experts say the inquiries can leave the companies caught in the regulators' crosshairs with little choice but to make nice.

  • August 26, 2014

    US Hits Mexican Sugar Imports With Countervailing Duties

    The U.S. Department of Commerce will begin imposing initial countervailing duties ranging up to 17 percent on imports of Mexican sugar after determining that producers in Mexico are gaining an advantage from illegal government subsidies, the agency announced Tuesday.

  • August 26, 2014

    NAFTA Board Tosses $520M Apotex Case Over FDA Import Ban

    The North American Free Trade Agreement's arbitration tribunal on Tuesday rejected a $520 million Canadian pharmaceutical company's complaint that the U.S. Food and Drug Administration violated the treaty by forbidding the import of drugs from two of the company's main Ontario factories, the pharmaceutical maker said Tuesday.

  • August 26, 2014

    Argentina Banishes BNY As Hedge Funds Sue Bank In UK

    Argentina on Tuesday said Bank of New York Mellon Corp. was no longer welcome to operate in the country as hedge funds backed by George Soros and others sued the bank over its blocking of a $539 million bond payment that led to Argentina’s second default in 13 years.

  • August 26, 2014

    Japanese Bearings Maker Can't Dodge Price-Fixing MDL

    A Michigan federal judge on Tuesday denied Japanese bearings manufacturer NTN Corp.’s bid to escape the multidistrict litigation accusing auto parts makers of fixing the prices of bearings, saying NTN was a “major participant” in a similar scheme in Japan, during which time it exported a substantial amount of bearings to the U.S.

  • August 26, 2014

    Coca-Cola Targeted In Swiss Antitrust Probe

    Switzerland's Competition Commission has begun a preliminary investigation of Coca-Cola Co.’s Swiss unit to see whether it colluded with affiliates to prevent imports of cheaper Coke products into the country, a Swiss retailer said Tuesday.

  • August 26, 2014

    ITA Wary Of Lifting Anti-Dumping Order On Chinese Saccharin

    The U.S. Commerce Department’s International Trade Administration has concluded that revoking the anti-dumping duty order on saccharin imports from China would probably lead to continuation or resumption of dumping, according to an order to be published in the Federal Register on Wednesday.

  • August 26, 2014

    EU Pols Fight Investment Arbitration Scheme In Trade Deals

    A liberal faction of European Parliament members on Tuesday voiced their strong opposition to including an investor-state dispute settlement mechanism in the European Union's trade pacts with Canada and the U.S., charging that the scheme gives too much power to multinational corporations.

  • August 26, 2014

    UK Metal Exchange Escapes Warehousing Antitrust MDL

    A New York federal judge dismissed the London Metal Exchange from antitrust multidistrict litigation over aluminum warehousing rates Monday, ruling to even her own surprise that the exchange was protected as an organ of the U.K. government despite being privately owned.

  • August 26, 2014

    1M Barrels Of Disputed Kurdistan Oil Won't Be Seized

    A Texas federal judge on Monday threw out an order for the seizure of more than 1 million barrels of oil from a tanker floating near Galveston, Texas, that the Iraqi government claims was illegally pumped from semiautonomous Kurdistan, saying the dispute is outside U.S. jurisdiction.

Expert Analysis

  • Del.’s Adoption Of Garner — And Practical Ways To Respond

    Bruce A. Ericson

    A Delaware Supreme Court decision in a Wal-Mart shareholder suit connected to alleged bribery may breathe new life into the Garner doctrine and serves as a reminder of the fragility of the attorney-client privilege, say Bruce Ericson and Dorothy Kaslow of Pillsbury Winthrop Shaw Pittman LLP.

  • Positive Trends in SoCal’s International Trade Growth

    Lindsey Martinez

    The Los Angeles area is poised to expand regional exporting efforts over the next few years. The region is uniquely positioned as the gateway to Asia, driving strong cultural, economic and business ties with Pacific Rim trading partners, says Lindsey Martinez of Snell & Wilmer LLP.

  • Keep An Eye On The US-Guatemala Labor Dispute

    Joseph Laroski

    Companies doing business in Central America may want to pay attention to an approaching deadline in a labor law dispute between the United States and Guatemala over the country’s alleged failure to enforce its labor laws in the apparel, agricultural, and food processing industries, says Joseph Laroski, counsel with King & Spalding LLP and former associate general counsel in the Office of the U.S. Trade Representative.

  • Russia's Commitment To Int'l Law Will Be Tested By Yukos

    Emmanuel Gaillard

    Whether the Russian Federation complies with the Permanent Court of Arbitration's final award — $50 billion — for its destruction of Yukos Oil Company will demonstrate the extent of the country's commitment to honoring international obligations and the rule of law, say Emmanuel Gaillard and Yas Banifatemi of Shearman & Sterling LLP.

  • Recent FTAIA Cases Leave Important Questions Unresolved

    Jeffrey Jacobovitz

    In the last five months, three circuit courts have interpreted the Foreign Trade Antitrust Improvements Act, with some staking out differing positions on important aspects — namely, the requirement that foreign anti-competitive conduct have a direct effect on U.S. commerce in order to fall outside the FTAIA's general exemption for foreign conduct, say Jeffrey Jacobovitz and David Hobson of Arnall Golden Gregory LLP.

  • How To Control Risk And Cost Of E-Discovery

    "If you follow the philosophy of saving everything you're just multiplying exponentially the costs and risks of litigation and investigations," says Robert Owen, partner in charge of Sutherland Asbill & Brennan LLP's New York office and president of the Electronic Discovery Institute.

  • Inside 2nd Circ. Ruling On Overseas Whistleblower

    Mary Beth Hogan

    For companies with global operations, the Second Circuit's recent decision in Liu v. Siemens AG should provide at least some level of comfort that allegations by foreign employees regarding conduct exclusively outside the United States are outside the reach of Dodd-Frank’s anti-retaliation provision, say attorneys with Debevoise & Plimpton LLP.

  • Disc Drive Ruling May Make ITC Less Attractive To NPEs

    Sten Jensen

    If affirmed by the U.S. International Trade Commission, the administrative law judge's ruling in Optical Disc Drives would continue the trend of recent decisions heightening the domestic industry requirement for nonpracticing entities, say Sten Jensen and Jordan Coyle of Orrick Herrington & Sutcliffe LLP.

  • 5 Most Common Weaknesses In Anti-Corruption Compliance

    Michael Volkov

    Chief compliance officers who spend more than 20 percent of their time on gifts, meals, entertainment and travel procedures and expenses are prime examples of misguided compliance, says Michael Volkov of The Volkov Law Group LLC.

  • The Missed Trade Facilitation Deadline — What Now?

    Terence Stewart

    India's recent refusal to add the trade facilitation agreement to the World Trade Organization agreements sends the WTO once again to the precipice of irrelevance for trade negotiations. WTO members need to surprise themselves by exhibiting leadership to get the process restarted — or 2014 will go down as a catastrophic failure of the WTO negotiating function, says Terence Stewart of the Law Offices of Stewart and Stewart.