International Trade

  • July 28, 2015

    Chinese Products Get New Duty Rates After WTO Ruling

    The U.S. Department of Commerce said Tuesday it is implementing recalculated antidumping duty rates on a host of products from China to bring them in line with findings from the World Trade Organization, as part of a dispute with the Asian powerhouse over alleged duplicative duties.

  • July 28, 2015

    House OKs Congressional Review For Major Regulations

    The U.S. House of Representatives on Tuesday passed a bill to give Congress review power over all federal regulations that would result in an economic impact of $100 million or more, or other significant consumer or business impacts, ignoring a presidential veto threat.

  • July 28, 2015

    Iran Deal Achieves US Goals, Kerry Tells Skeptical Reps.

    Secretary of State John Kerry and other top-ranking members of the Obama administration touted their landmark arms-control deal with Iran as a necessary step beyond economic sanctions, telling a congressional committee on Tuesday that it will effectively cut off all of Iran's pathways to a nuclear weapon.

  • July 28, 2015

    Kirton Nabs Ex-Ballard Vet To Lead European Markets Group

    Kirton McConkie PC has bolstered its new, European markets practice in Salt Lake City with a former Ballard Spahr LLP partner who is experienced in mergers and acquisitions, securities and EB-5 matters and regularly advises clients on European transactions. 

  • July 28, 2015

    Mead Johnson Pays SEC $12M To Settle FCPA Claims

    The U.S. Securities and Exchange Commission on Tuesday said Mead Johnson Nutrition Co. will pay $12 million to settle claims that it violated the Foreign Corrupt Practices Act when distributors in China allegedly bribed staff at state-owned hospitals to promote the company’s line of infant formula.

  • July 28, 2015

    Gordon Auto Body Agrees To Pay $2.5M In Price-Fixing Row

    Gordon Auto Body Parts Co. Ltd. has agreed to pay $2.5 million to indirect purchasers in a proposed class action accusing the Taiwanese auto parts maker of participating in a price-fixing scheme, the second deal the company has struck with plaintiff groups.

  • July 27, 2015

    Senate Backs Ex-Im Bank Renewal In Highway Bill Debate

    The U.S. Senate late on Monday agreed to an amendment to a long-term highway funding bill intended to reauthorize the U.S. Export-Import Bank, after earlier rejecting a proposal to repeal the Affordable Care Act.

  • July 27, 2015

    House OKs CBP Acquisition And 'Preclearance' Tweaks

    The U.S. House of Representatives on Monday passed legislation to overhaul U.S. Customs and Border Protection technology acquisition and customs “preclearance” programs and make changes to U.S. Secret Service operations, as part of a broader suite of U.S. Department of Homeland Security bills.

  • July 27, 2015

    9th Circ. Affirms Dismissal Of Challenge To Shark Fin Law

    The Ninth Circuit on Monday upheld a California district court's order tossing two Asian-American groups’ challenge of the state’s shark fin law banning the sale of what some consider a delicacy, rejecting plaintiffs’ claim that the law is preempted by the Magnuson-Stevens Fishery Conservation and Management Act.

  • July 27, 2015

    Manufacturers Seek Robust IP, Investment Rules In TPP

    With top trade officials for the Trans-Pacific Partnership countries aiming to close the negotiations this week, the National Association of Manufacturers on Monday laid out its top priorities for the pact, with strong patent protections, removal of investment hurdles and painless cross-border data flows topping the list.

  • July 27, 2015

    China Abolishes Ban On Video Game Consoles

    The Chinese government has decided to fully remove its 15-year-old ban on video game consoles within its borders, a contentious trade barrier that has long roiled titans of the electronic gaming industry and advocates for strong intellectual property rights protections in Beijing.

  • July 27, 2015

    Iranian Co. Pleads Guilty To US Export Violation

    An Iranian company on Friday pled guilty over an alleged scheme to dodge U.S. export licensing requirements and smuggle so-called "dual use" machinery to Iran, agreeing to fork over more than $1 million in criminal and civil penalties.

  • July 27, 2015

    Amid Outcry, US Elevates Malaysia's Trafficking Status

    The U.S. Department of State upgraded Malaysia's status in its annual human trafficking report Monday, a move with important implications for the Trans-Pacific Partnership that shunned calls from scores of lawmakers and advocacy groups to keep the country relegated to the lowest tier.

  • July 27, 2015

    ITC Tells Fed. Circ. To Deny Mushroom Co.’s Rehearing Bid

    The International Trade Commission has urged the Federal Circuit to reject U.S. producer Giorgio Foods Inc.'s petition for rehearing in its bid to receive payouts of anti-dumping duties on imported mushrooms under a now-expired federal law, arguing that the move is unwarranted.

  • July 24, 2015

    WTO Strikes Down US Ban On Argentine Beef

    A World Trade Organization panel sided with Argentina in a row over a U.S. import ban on animals and beef that was triggered by a 2001 outbreak of foot-and-mouth disease, finding Friday that the U.S. had run afoul of the multilateral trade body’s rules.

  • July 24, 2015

    Senate To Consider Ex-Im Bank Reauthorization, ACA Repeal

    Senate Majority Leader Mitch McConnell, R-Ky., proposed amendments Friday to repeal the Affordable Care Act and renew the Export-Import Bank’s charter, the latter drawing a blistering attack from Sen. Ted Cruz, R-Texas., as senators moved forward with debate on a six-year highway funding bill.

  • July 24, 2015

    WTO Countries Finalize $1.3T Deal Over IT Tariffs

    The World Trade Organization said Friday that more than 50 countries have clinched a landmark $1.3 trillion deal to slash tariffs on hundreds of high-tech products, nailing down an agreement after years of long-stalled negotiations.

  • July 24, 2015

    Federal Energy Bills Have Plenty Of Policy Juice

    While they don't address controversial issues such as carbon emissions reductions and the ban on crude oil exports, bipartisan energy bills advanced this week by both the U.S. Senate and House of Representatives contain enough passable items to represent a significant update to federal energy policy, congressional watchers say.

  • July 24, 2015

    Anonymous Says It Hacked Census Bureau Over Trade Deals

    The U.S. Census Bureau said Friday that hackers broke into its systems and accessed non-confidential information, such as staff usernames and emails, but no personal information, in what apparently was a protest of two pending trade deals.

  • July 24, 2015

    House Democrats Fight To Protect Tobacco Regs In TPP

    A group of House Democrats on Friday urged the U.S. Trade Representative to ensure the Trans-Pacific Partnership protects anti-tobacco public health policies, expressing concern that efforts could be challenged under the 12-nation free trade pact.

Expert Analysis

  • Screened Selection In Party-Appointed Arbitrations

    Charles B. Rosenberg

    The International Institute for Conflict Prevention & Resolution's screened selection process for party-appointed arbitrators is a simple compromise between the positions of those who believe the existing system of party appointments should remain unchanged and those who would overhaul the system, say Charles Rosenberg of White & Case LLP and Olivier Andre of the International Institute for Conflict Prevention & Resolution.

  • How Beneficial Is GSP Reauthorization For Businesses?

    Kate Stillman

    The Trade Preferences Extension Act of 2015 was recently signed into law, retroactively reauthorizing the Generalized System of Preferences. However, the brevity of the window to recover overpaid duties and to participate in reviews of GSP designations reveals larger structural concerns that raise questions about whether the program ultimately achieves its original objectives, say Dean Barclay and Kate Stillman at White & Case LLP.

  • Summa Holdings May Undermine Tax Benefits Of DISCs

    Jeffrey L. Rubinger

    An interest charge domestic international sales corporation requires no nontax business purpose, and almost by definition exists only for tax reasons. But based on the Tax Court holding in Summa Holdings Inc. v. Commissioner, it is questionable whether ownership of a DISC by any person that is not subject to full U.S. taxation remains viable, say Jeffrey Rubinger and Summer Ayers LePree of Bilzin Sumberg Baena Price & Axelrod LLP.

  • This Week In Congress: Continuing Resolution Looms

    Richard A. Hertling

    Highway funding remains at an impasse this week, as House and Senate debates continue. Iran also remains a major focus, with only 60 days for Congress to review the nuclear agreement reached earlier this month. Meanwhile congressional leaders have finally acknowledged what has been clear all along — efforts to fund the government past Sept. 30 have failed, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Sigelman FCPA Trial Won't Affect DOJ Strategy

    Michael Volkov

    In the aftermath of the Foreign Corrupt Practices Act trial of former PetroTiger Ltd. CEO Joseph Sigelman, FCPA commentators are hyperventilating about “trends” and “lessons.” But there is not much to be learned from the federal prosecutors' loss — what happened at trial is nothing more than a regular occurrence in our criminal justice system, says Michael Volkov, CEO of The Volkov Law Group LLC and a former federal prosecutor.

  • Pros And Cons Of CBP's Offer To Help With Customs Disputes

    Lars-Erik A. Hjelm

    U.S. Customs and Border Protection recently offered to help U.S. exporters resolve disputes with foreign customs agencies. While this could be an important and efficient tool that U.S. exporters can use to reduce their duty exposure around the world, there are pros and cons to every situation, say attorneys at Akin Gump Strauss Hauer & Feld LLP.

  • EU InnoLux Ruling Affirms Potential For Higher Cartel Fines

    Matteo Bay

    The recent ruling by the EU Court of Justice in InnoLux Corp. v. European Commission confirmed that the commission is in specific circumstances permitted to take into account non-European Economic Area sales of cartelized inputs, but the decision is surprisingly limited in its analysis of jurisdictional issues, say attorneys with Latham & Watkins LLP.

  • Low Levels Of FCPA Enforcement Continued In Q2

    Marc Bohn

    Unless the pace of Foreign Corrupt Practices Act enforcement picks up considerably, as it did last year, 2015 is on track to be the lowest year in terms of resolved dispositions since 2005, say Marc Alain Bohn and Michael Skopets of Miller & Chevalier Chtd.

  • And Up To 20 Years: The Criminalization Of Trade Violations

    Fernando Aenlle-Rocha

    Whereas a customs violation in the past might only have affected a company’s pocketbook, now companies and their executives increasingly are facing criminal investigations and felony charges carrying potential terms of imprisonment of up to 20 years, probation, supervised release and potential career-ending reputational damage, say attorneys with White & Case LLP.

  • 10 Compliance Steps For GCs In An Export Transaction

    McVey_Tom_2013_0.jpg

    Thomas McVey at Williams Mullen provides 10 practical compliance steps that any general counsel should follow when undertaking an export transaction.