International Law Bulletin - Vol. 22, No. 4

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INTERNATIONAL BUSINESS AND TRADE 

Dispute Resolution

WTO:

The World Trade Organization (WTO) rejected the request of Canada to dismiss the Brazilian dispute over the alleged use by Canada of more than $3 billion in government subsidies to produce Bombardier Aircraft (35 ITR 569; 4/26/18).

Japan:

Japan appealed a WTO ruling against South Korea's ban on imports of Japanese seafood following the 2011 Fukushima Nuclear Power Plant accident (35 ITR 573; 4/26/18).

Dumping

China:

China will impose temporary anti-dumping deposits on U.S. sorghum imports to incur a 178.6% duty assessed by the Ministry of Commerce in a preliminary ruling in response to the U.S. administration imposing tariffs on imported solar panels and washing machines followed by import levies on steel and aluminum (35 ITR 584; 4/26/18).

U.S.:           

China and Vietnam dumped tool chests in the U.S. market and will face duties of up to 327.17% according to the Commerce Department (35 ITR 496; 4/12/18).

WTO:

Anti-dumping duties imposed by South Korea on Japanese imports of pneumatic valves violate international trade rules (35 ITR 537; 4/19/18).

Trade Policy

China:          

China launched a dispute proceeding at the WTO regarding the steel and aluminum tariffs declared by the U.S. Proclamation of the White House to levy a 25% tariff on steel and a 10% tariff on aluminum imports (35 ITR 488; 4/12/18).

China informed the WTO it is imposing $611.5 million worth of tariffs on U.S. goods in response to the steel and aluminum tariffs imposed by the United States (35 ITR 457; 4/5/18).

India:           

The Indian government asked the WTO to determine if the U.S. is applying illegal duties on Indian imports of steel products (35 ITR 490; 4/12/18).

WTO:          

The World Trade Organization is expected to grant the request of Canada to investigate whether U.S. duties imposed on Canadian lumber violate international trade rules (35 ITR 458; 4/5/18).

Dumping/Countervailing Duties

U.S.: 

Accuride Corp. and Maxion Wheels Akron LLC asked the Commerce Department to impose dumping and anti-subsidy duties on steel wheels imported from China (35 ITR 464; 4/5/18).

LEGISLATIVE DEVELOPMENTS

Sanctions

Russia:         

The Russian State Duma drafted a law to authorize the Kremlin to ban imports of any kinds of goods from the U.S. in response to the latest round of U.S. sanctions (35 ITR 540; 4/19/18).

U.S.:

The Countering America's Adversaries Through Sanctions Act (CAATSA) contains a ban on the use of federal funds for entering into new contracts or providing federal assistance to the Russian Federation (68 WorldECR April 2018, p. 4).

LEGAL DEVELOPMENTS

Dumping/Countervailing Duties

U.S.:           

Anti-subsidy duties on imports of certain Sri Lanka tires may have to be reduced by the Commerce Department according to the ruling of the U.S. Court International Trade (CIT) (Government of Sri Lanka v. U.S. Ct. Int'l Trade, No. 17-00059, 4/17/18); (35 ITR 578; 4/26/18).

Customs Duties

U.S.:           

The CIT granted the request of U.S. Auto Parts Network, Inc. for a temporary restraining order blocking the U.S. Customs and Border Protection Agency from forcing the company to post bonds on entries of auto parts even when such parts were not suspected of being counterfeit (35 ITR 494; 4/12/18).

Dumping

U.S.:           

The U.S. may continue collecting 30% tariffs on solar panels from Canada while the appeals court considers whether the actions taken against Canadian manufacturers and exporters of products violated federal law regarding NAFTA (Silfab Solar, Inc. v. U.S., Fed. Cir., No. 18-01718, 4/13/18); (35 ITR 536; 4/19/18).

Exports

NAFTA:      

A Georgia manufacturer is appealing a Canadian ruling that its carpet imports failed to meet the North American Free Trade Agreement (NAFTA) Rules of Origin requirements in its challenge before the Canadian International Trade Tribunal regarding the decision of the Canadian Border Services Agency (CBSA) (35 ITR 494; 4/12/18).

EXPORTS AND SANCTIONS

IP

U.S.:           

The U.S. blocked Chinese communications gear-maker ZTE Corp. from exporting sensitive technology from America alleging the company made false statements to the Commerce Department Bureau of Industry and Security (BIS) regarding actions it had taken or would be taken in respect of its export activities from the U.S. (35 ITR 550; 4/19/18).

Blocked Persons

U.S.:           

The U.S. Office of Foreign Assets Control (OFAC) expanded its list of blocked persons in designating a total of 7 Russian oligarchs, 12 companies owned or controlled, 17 senior Russian government officials and a state-owned Russian weapons trading company with a subsidiary Russian bank as blocked persons and blocked organization with which no trade may be undertaken by a U.S. person (68 WorldECR April of 2018, p. 2).

Cryptocurrency

U.S.: 

The Administration issued a new Executive Order ("Venezuela E.O.") specifically targeting the use of cryptocurrency by a foreign country aimed at curbing the Venezuelan government efforts to circumvent U.S. sanctions (68 WorldECR April 2018, p. 15).

INTERNATIONAL DEBT WATCH*

 Gross Domestic Product

Ind. Prodn

Budget Bal.

 

Latest

QTR*

2018*

Latest

% GDP 2018

United States

+2.6 Q4

+2.9

+2.8

+4.3 Mar

-4.6

China

+6.8 Q1

+5.7

+6.6

+6.0 Mar

-3.5

Japan

+2.0 Q4

+1.6

+1.5

+1.5 Feb

-4.9

Britain

+1.4 Q4

+1.6

+1.5

+2.2 Feb

-2.7

Canada

+2.9 Q4

+1.7

+2.2

+2.4 Jan

-2.0

France

+2.5 Q4

+2.8

+2.2

+4.0 Feb

-2.4

Germany

+2.9 Q4

+2.4

+2.5

+2.4 Feb

+0.8

Greece

+1.8 Q4

+0.4

+1.6

-0.2 Mar

-0.2

Italy

+1.6 Q4

+1.3

+1.5

+2.5 Feb

-2.0

Spain

+3.1 Q4

+2.7

+2.8

+3.1 Feb

-2.6

Turkey

+7.3 Q4

na

+4.2

+9.9 Feb

-2.8

Hong Kong

+3.4 Q4

+3.3

+2.8

+0.7 Q4

+0.8

South Korea

+2.9 Q1

+4.4

+2.9

-6.4 Feb

+0.7

Brazil

+2.1 Q4

+2.0

+2.7

+2.7 Mar

-7.0

Mexico

+1.5 Q4

+3.2

+2.1

+0.7 Feb

-2.3

*Excerpts from Economic and Financial Indicators published by The Economist, April 28th, 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..

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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