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General Business Administrative Agency International Trade

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

National security reviews 2017: A global perspective — France

by White & Case LLP on

Following the Montebourg Decree in 2014, the scope of activities covered by national security reviews has been significantly extended to several key industries...more

WTO Appellate Body Report: Indonesia – Import Licensing Regimes

by White & Case LLP on

...The WTO Appellate Body has ruled that certain import licensing measures maintained by Indonesia constitute impermissible import restrictions under Article XI:1 of the General Agreement on Tariffs and Trade (GATT) 1994....more

Cain Takes the Reins as Chief of SEC’s FCPA Unit

by Moore & Van Allen PLLC on

With the official announcement that Charles Cain will replace Kara Brockmeyer as head of the SEC’s Foreign Corrupt Practices Act (FCPA) Unit, it is more likely that we will see a return to the enforcement trends and outcomes...more

ALJ Finds Violation in Mobile Device Holders Investigation

by Jones Day on

ALJ Pender’s initial determination in Certain Mobile Device Holders and Components Thereof, Inv. No. 337-TA-1028 (Sept. 12, 2017), finding a violation of Section 337, provides important guidance on what investments count...more

ALJ Shaw: ITC is a Viable Forum for Enforcement of SEPs

The public version of ALJ Shaw’s Initial Determination (ID) in U.S. International Trade Commission (ITC) investigation Certain Magnetic Data Storage Tapes and Cartridges Containing the Same, Inv. No. 337-TA-1012 (1012...more

Significant Changes In Anti-Bribery Laws In Mexico And Colombia Signal A New Commitment To Anti-Corruption Efforts

by Morgan Lewis on

For companies with global operations, the Foreign Corrupt Practices Act (FCPA) is no longer the only anticorruption law of significance. Mexico and Colombia recently enacted sweeping anti-corruption legislation aimed at...more

ITC Issues First Exclusion Order on SEPs and Upcoming Opinion Expected To Provide Important Guidance on FRAND and SEPs

The decision in U.S. International Trade Commission (ITC) investigation Certain Magnetic Data Storage Tapes and Cartridges Containing the Same, Inv. No. 337-TA-1012 (“1012 Investigation”), is still confidential, but the ITC...more

US Customs and Border Protection Issues First Final Determination of Antidumping Duty Evasion Using New Statute and Regulations

by White & Case LLP on

Enforcement of US trade remedy laws is heating up. Less than one year after publishing August 22, 2016 regulations to implement Section 421 of the Trade Facilitation and Trade Enforcement Act of 2015, commonly known as the...more

WTO Panel Report: Indonesia – Iron or Steel Products

by White & Case LLP on

Decision - A WTO Panel has dismissed claims against Indonesia under the WTO Agreement on Safeguards on the grounds that the challenged duty was not actually a "safeguard measure". All disputing parties had agreed that the...more

ALJ Essex Retires

by Jones Day on

ALJ Essex has retired from the ITC after a decade of service. News of his retirement was provided in notices issued this week by Chief ALJ Bullock in investigations previously assigned to ALJ Essex....more

Food & Beverage Litigation Update | August 2017 #2

Chicago SSB Tax May Cause State to Lose Federal Funding, USDA Warns - According to a warning letter from the U.S. Department of Agriculture (USDA), the sugar-sweetened beverage (SSB) tax that took effect in the Chicago...more

ExxonMobil Fined $2 Million for Ukraine/Russia Sanctions Violations

by Holland & Knight LLP on

On July 20, 2017, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) announced a $2 million civil monetary penalty against Exxon Mobil Corp., including its U.S. subsidiaries ExxonMobil Development...more

Double Dipping Allowed in Domestic Industry Allocation

by Jones Day on

The Commission issued an Opinion finding a violation of Section 337 in Certain Air Mattress Systems, Components Thereof, and Methods of Using Same, Inv. No. 337-TA-971. Of note, the Commission reversed a part of ALJ Bullock’s...more

The BKPM Is Licensing Authority In Oil And Gas Matters

by Morgan Lewis on

The Indonesian Minister of Energy and Mineral Resources (MoEMR) has delegated additional authorities to the Indonesian Investment Coordinating Board (Badan Koordinasi Penanaman Modal - BKPM) in issuing certain licenses for...more

EU — PET (Pakistan)

by White & Case LLP on

Decision - A WTO Panel has upheld the majority of claims advanced by Pakistan against countervailing duties (CVDs) imposed by the European Commission on certain imported polymers....more

Trade & Manufacturing Alert - July 2017

by King & Spalding on

Ambassador Lighthizer Visits Congress To Discuss The President’s Trade Policy Agenda - In June, the Senate Finance Committee and Ways and Means Committee of the House of Representatives held hearings on the new...more

R&D Based Domestic Industry Questions Remain

by Jones Day on

As noted in a previous post, ALJ Lord issued a domestic industry ruling, which the Commission later vacated without position, finding that R&D-based investments in plant and equipment or labor and capital cannot count towards...more

Financial Services Quarterly Report - Second Quarter 2017: U.S. CFTC Takes Steps to Modernize Rules and Operations and to Reduce...

by Dechert LLP on

Against a backdrop of changing markets, rapidly evolving technology and increased jurisdiction, the U.S. Commodity Futures Trading Commission (CFTC) – the regulatory agency with responsibility for oversight of the U.S....more

ITC Issues Public Commission Opinion Clarifying Methodology for Allocating Domestic Industry Expenses and Issuing Exclusion Order...

On May 17, 2017, the International Trade Commission (ITC) reversed an ALJ’s ruling and found a violation of Section 337 in Certain Air Mattress Systems, Components Thereof and Methods of using the Same (“Certain Air Mattress...more

Rare Court Case Sheds Light on U.S. Sanctions Enforcement

by Bass, Berry & Sims PLC on

It is rare for companies to go to court to fight penalties imposed by the Office of Foreign Assets Control (OFAC) for violations of U.S. sanctions. It is even more rare for a court to make any sort of finding against the...more

Can Renting Be a Sale After Importation?

by Jones Day on

We previously wrote about the ITC’s determination in Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing the Same, Inv. No. 337-TA-1010 that renting accused products after importation does...more

Mexico Courts Rule Telecom Agency's Interconnection Costs Model "Reasonable"

by Holland & Knight LLP on

Mexico's Telecom and Antitrust Federal Courts have issued three resolutions declaring that the model used by the Comisión Federal de Telecomunicaciones (COFETEL) for calculating interconnection costs for fixed and mobile...more

WTO Panel Decision: EU – Poultry Meat (China)

by White & Case LLP on

Decision: A WTO Panel has issued a mixed ruling in a challenge by China to the EU's modification of its tariff schedule for goods. Significance of Decision: This important decision provides new clarity on the...more

ITC Reschedules Oral Argument

by Jones Day on

As previously reported, the Commission recently granted U.S. Steel’s request for an oral hearing in Certain Carbon and Alloy Steel, Inv. No. 337-TA-1002. This was only the second oral argument granted in a Section 337 case in...more

ALJ: Complainant Can Rely Entirely On Licensee’s Activities For DI Requirement

by Jones Day on

As a follow up to our previous post, Judge McNamara has issued the public version of her Initial Determination pursuant to the 100-day Pilot Program proceeding on domestic industry in Certain Silicon-On-Insulator Wafers, Inv....more

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