Edward Borovikov quoted on Russia’s request to join the WTO, saying when Russia submitted its request to join the WTO in 1993, the Soviet Union had fallen less than two years before, and the significant economic and political changes in the intervening 16 years have made the accession process very complex. Subscription required
Tim Keeler quoted on the importance of companies learning to litigate in Chinese administrative bodies and courts over trade disputes. Subscription required.
The Vietnam Competition Authority (VCAD) of the Ministry of Industry and Trade (MOIT) of the Socialist Republic of Vietnam has issued a preliminary report (in Vietnamese only) dated October 30, 2009, in its safeguard investigation of imported float glass products. Although the Ordinance permitting safeguard measures was enacted in 2002, and those for anti-dumping and countervailing duty measures followed in 2004, Vietnam, which became a member of the World Trade Organization on January 11, 2007, has not previously conducted a trade remedy case.
Bylined article by Duane Layton, Edward Borovikov, Paulette Vander Schueren and Matthew McConkey discusses a World Trade Organization arbitration decision clarifying how and to what extent the industries of a WTO-member government may be targeted for countermeasures when the government has provided WTO-illegal subsidies.
Duane Layton quoted on a decision that could change the way anti-dumping and countervailing duties are calculated on exports from nonmarket economy countries. Subscription required.
Tim Keeler quoted on pressure for the US to establish a free trade deal with South Korea, saying the only way the three trade deals will be approved is if Obama decides to make them a priority and is willing to take on labor groups.
On October 1, 2009, the Senate Finance Committee announced that US senators may introduce individual tariff suspension bills to be included in the Miscellaneous Tariff Bill (MTB). MTBs offer importers an opportunity to save substantial amounts in customs duties for as long as three years.
In a significant ruling issued September 18, 2009, the US Court of International Trade (CIT) directed the US Department of Commerce (Commerce) to cease simultaneous application of antidumping (AD) and countervailing duties (CVD) against the same imports from China “[w]ithout some type of adjustment” that avoids the potential for “double counting.” According to Chief Judge Jane Restani, the same subsidies that Commerce seeks to offset when it applies CVD duties presumably lower the export price that leads to the finding of dumping that DOC seeks to offset when it applies AD duties.
28 September 2009 – Seven partners in Mayer Brown’s Chicago office have been recognized by Leading Lawyers Network Magazine as leading women lawyers in Illinois.
In an arbitration panel decision handed down on 31 August 2009, the World Trade Organization (WTO) clarified how and to what extent the industries of a WTO Member government may be targeted for countermeasures when the government has provided WTO-illegal subsidies. Brazil had been seeking $2.68 billion in countermeasures, threatening to “cross-retaliate” by targeting US intellectual property rights and service businesses. However, the panel awarded only $294.7 million for fiscal year 2006.
Mabey & Johnson Ltd, a British company which manufactures bridge equipment, pleaded guilty at Southwark Crown Court to a series of corruption offences committed overseas and is to pay a total of £6.55m in connection with these offences. On Friday 25 September 2009 the company was ordered by the court to pay £4.6m in fines and disgorgement of profits. In addition, the company has undertaken to pay reparations to the affected countries.
The Department of Justice (DOJ) and Securities and Exchange Commission (SEC) are continuing to aggressively pursue alleged violations of the Foreign Corrupt Practices Act (FCPA) committed by corporations and individuals.
The Department of Energy (DOE) issued two anticipated loan guarantee program solicitations on July 29, 2009, regarding (i) projects that employ innovative energy efficiency, renewable energy and advanced transmission and distribution technologies and (ii) electric power transmission infrastructure investment projects.
On July 10, 2009, investor Frederic Bourke was convicted in New York of conspiring to violate the Foreign Corrupt Practices Act (“FCPA”) and the Travel Act, and making false statements to authorities during an investigation. The allegations related to Bourke’s efforts to acquire interests in the Azeri state-owned oil company in the 1990s. Sentencing in the case is scheduled for October 2009, and Bourke faces up to 10 years in prison and a significant fine.
As part of its comprehensive immigration reform initiative, the Obama administration recently announced the settlement of an I-9 audit with Krispy Kreme and has promulgated a new worksite enforcement strategy that directs Immigration and Customs Enforcement (ICE) agents to shift from targeting illegal workers to focusing their resources on “employers who cultivate illegal workplaces by breaking the country’s laws and knowingly hiring illegal workers.” On April 30, 2009, the Department of Homeland Security (DHS) released a detailed “Worksite Enforcement Strategy” fact sheet that reflects this refocused effort.
22 July 2009 - Mayer Brown, a leading global law firm, announced today that Gary M. Hnath has joined the firm as a partner in its Intellectual Property Group in Washington, DC. He will also work extensively with the firm’s Government & Global Trade Group.
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