International Trade Law News: 03/28/2004 - 04/03/2004 International Trade Law News
International Trade Law News
April 2, 2004
 
USTR Issues 2004 Edition of National Trade Estimate Report on Foreign Trade Barriers
The Office of the United States Trade Representative (USTR) has released the 2004 edition of the National Trade Estimate (NTE) Report on Foreign Trade Barriers. The NTE documents foreign trade barriers to U.S. exports and U.S. efforts to reduce and eliminate those barriers.

The NTE report includes a list of barriers and unfair trade practices to U.S. exports of goods, services, and farm products. This year's NTE Report covers 58 major trading partners of the U.S. and profiles policies restricting market access. The NTE report highlights the global effort to reduce or eliminate those barriers, and notes the effect of the Free Trade Agreement negotiations the U.S. has held or plans to hold, as well as top areas of concern related to intellectual property rights protection and sanitary and phytosanitary measures.

The NTE report can be found at the following Web site: http://www.ustr.gov/reports/nte/2004/index.htm.
March 31, 2004
 
Antidumping and Countervailing Petitions Filed on Silicon Metal from Brazil and South Africa
On March 31, 2004, antidumping and countervailing duty petitions were filed with the U.S. Department of Commerce and the U.S. International Trade Commission against imports of Silicon Metal from Brazil and South Africa. The petitioners in the case are Globe Metallurgical Inc., International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers, I.U.E.-C.W.A., AFL-CIO, C.L.C., Local 693, and United Steel Workers of America, AFL-CIO, Local 9436.
March 29, 2004
 
Mandatory Use of AES for SED Filings Expected to be Implemented by Early 2005
The U.S. Census Bureau has developed a plan to require the mandatory filing of Shipper's Export Declarations (SEDs) via the electronic Automated Export System (AES) by January 2005. Once implemented, all SEDs must be filed electronically by the exporter (U.S. Principal Party in Interest) or their authorized agent using AES and no paper SEDs will be accepted.

Prior to implementing mandatory AES, Census will have to issue revisions to the Foreign Trade Statistics Regulations. Census hopes to issue the proposed regulations, which will be known as the Foreign Trade Regulations, by the end of May 2004. In its current form, the draft regulation calls for the replacement of the SED with a new filing called the Electronic Export Information (EEI). The draft regulation also contemplates the continuation of Option 4, which permits certain exporters to file the export documentation 10 days after completion of a shipment. However freight forwarders will no longer be permitted to utilize Option 4.

Once the proposed rule is published, there will be a 60-day comment period. Census hopes to issue the final rule in September 2004 and to give exporters 90 days to phase in the mandatory use of AES.

Census has delayed implementing the mandatory use of AES for all exports due to the difficulties associated in implementing mandatory AES for exports of items listed on the Commerce Control List and U.S. Munitions List that began in October 2003 and we would not be surprised if additional delays are encountered. However, it appears that the mandatory use of AES will be required some time in early 2005.

If your company has not already done so, you should begin using the AES system to file SEDs.

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