International Trade Law News

Today a World Trade Organization (WTO) arbitration panel announced the level of retaliatory measures that Brazil, Canada, Chile, the European Communities, India, Japan, Korea, and Mexico may apply on U.S. products as a result of the U.S. failure to repeal the Continued Dumping and Subsidy Offset Act of 2000, commonly known as the Byrd Amendment.

Following a lengthy legal and economic analysis, the three-member arbitration panel stated that Brazil, Canada, Chile, the European Communities, India, Japan, Korea, Mexico were each authorized to impose additional import duties on a list of U.S.-origin products, on a yearly basis, as long as the total value of trade does not exceed, in US dollars, the amount resulting from the following equation:

Amount of disbursements under [the Byrd Amendment] for the most recent year for which data are available relating to anti-dumping or countervailing duties paid on imports from the [complaining country] at that time, as published by the United States' authorities multiplied by 0.72.

The WTO's DSB determined on January 27, 2003 that the Byrd Amendment, which provides cash payments to U.S. companies that are petitioners in antidumping and countervailing duty cases, was a non-permissible action that was contrary to several articles of the GATT 1994, the WTO Anti-Dumping Agreement and the WTO Agreement on Subsidies and Countervailing Measures. The DSB stated that the U.S. must implement the recommendations of the DSB within "a reasonable period of time."

On June 13, 2003, a WTO arbitrator ruled that the "reasonable period of time" for the U.S. to implement the recommendations and rulings of the WTO Dispute Settlement Body (DSB) in this case was 11 months from the date of adoption of the Panel and Appellate Body Reports by the DSB. The U.S. was given until December 27, 2003 to bring the Byrd Amendment into conformity with its WTO obligations. Because the U.S. failed to modify or repeal the Byrd Amendment, on January 16, 2004 the complaining countries requested the authority to impose retaliatory tariffs greater than or equal to the amount of Byrd Amendment payments. On January 26, 2004, the U.S. advised the WTO that it objected to the level of propose retaliatory duties and the matter was referred to arbitration.

To date, the U.S. Congress has failed to modify or repeal the Byrd Amendment. In response to today's ruling, the Office of the U.S. Trade Representative stated that "the United States remains committed to resolving this issue in a way that promotes the competitiveness of American workers."

The text of the arbitrator's decisions can be found at the following Web site: www.wto.org/english/news_e/news_e.htm.

The Bureau of Industry and Security (BIS) today published a final rule in the Federal Register clarifying the export controls that exist on parts and components of certain military ground vehicles, adding a new class of vehicles to the Commerce Control List (CCL), providing guidance for classifying ground vehicles that are subject to the Export Administration Regulations (EAR) and distinguishing those vehicles from those that are subject to the International Traffic in Arms Regulations (ITAR).

Specifically, the final rule states that Export Control Classification Number (ECCN) 9A018 applies to parts and components as well as to vehicles and includes unarmed all-wheel drive vehicles capable of off-road use that have been manufactured or fitted to provide a specified level of ballistic protection. The final rule states that ECCN 9A018 does not include vehicles that are on the U.S. Munitions List (USML). The final rule also revises Interpretation 8 in Part 770 of the EAR, which provides guidance relating to ECCN 9A018.b. Revised Interpretation 8 eliminates terms that are no longer used in the EAR and replaces it with language from the Wassenaar Arrangement Munitions List to distinguish military vehicles from civil vehicles. It also provides guidance to distinguish military vehicles subject to the export licensing jurisdiction of the Directorate of Defense Trade Controls (DDTC) from those subject to BIS' export licensing jurisdiction.

The final rule can be viewed at the following link:
http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-19872.htm.

The National Summit on Cuba will be held in Tampa, Florida on October 8, 2004. The National Summit on Cuba is intended as an educational forum to discuss the current state of U.S.-Cuba relations and the impact of the Trade Sanctions Reform Act of 2000 (TSRA) on U.S. commercial relations with Cuba.

The Summit will present a number of speakers, including members of Congress, industry representatives and diplomats. The speakers will discuss a number of Cuba-related topics including discussions on current U.S. trade and travel restrictions on Cuba. One panel of speakers will discuss the post-sanctions experience of other countries that have been previously been subject to U.S. sanctions. Speakers on that subject include Ambassador Pete Peterson, former U.S. Ambassador to Vietnam, Ambassador Nicholas Platt, a delegation member of Nixon’s China trip and Ambassador Malcolm Ferguson, current Ambassador of South Africa to Mexico and former South African political counsel during the South African sanctions debate.

More information on the Summit can be found at the following Web site:
www.nationalsummitoncuba.org.

The U.S. Department of Commerce (DOC) has issued the final results of the antidumping investigation on light-walled rectangular pipe and tube from Turkey. DOC has determined that the following weighted-average dumping margins exist for the following Turkish exporters and producers of light-walled rectangular pipe:

MMZ Onur Boru Profil Uretim Sanayi ve Ticaret A.S. = 6.12%

All Other Rate = 6.12%

Today the U.S. Department of Commerce announced in the Federal Register that it has initiated administrative reviews of the antidumping and countervailing duty orders involving the following products and companies:

------------------------------------------------------------------------

                                                     Period to be

                                                       reviewed

------------------------------------------------------------------------

        Antidumping Duty Proceedings



Brazil: Silicon Metal, A-351-806...............................  7/1/03-6/30/04

 Camargo Correa Metais S.A.

Chile: Individual Quick Frozen Red Raspberries, A-337-806 ...... 7/1/03-6/30/04

 (see notice for names of individual producers)

France: Stainless Steel Sheet and Strip in Coils, A-427-814...   7/1/03-6/30/04

 Ugine & ALZ France S.A.

Germany: Stainless Steel Sheet and Strip in Coils, A-428-825..   7/1/03-6/30/04

 Krupp Thyssen Nirosta GmbH

 Thyssen Krupp VDM GmbH

India: Polyethylene Terephthalate (PET) Film, A-533-824....      7/1/03-6/30/04

 Ester Industries Ltd.

 Flex Industries Ltd.

 Gareware Polyester Limited

 Jindal Polyester Limited/Jindal Poly Films Ltd.

 MTZ Polyesters Ltd.

 Polyplex Corporation Ltd.

 SRF Ltd.

Iran: In-Shell Pistachios, A-507-502.........................     7/1/03-6/30/04

 Nima Trading Company

Italy:

Certain Pasta, A-475-818...................................     7/1/03-6/30/04

   Barilla G.e.R. Fratelli, S.p.A. (formerly Barilla Alimentare, S.p.a.)

   Pastificio Antonio Pallante S.r.L.

   Pastifico Fratelli Pagani S.p.A.

   Industrie Alimentare Colavita, S.p.A./Fusco, S.r.L.

   Pastificio Riscossa F. Illi Mastromauro, S.r.L.

   Pastificio Carmine Russo S.p.A./Pastificio Di Nola S.p.A.

   Corticella Molini e Pastifici S.p.a./Pasta Combattenti S.p.a.

Stainless Steel Sheet and Strip in Coils, A-475-824.......  ....   7/1/03-6/30/04

   Thyssen Krupp Acciai Speciali Terni S.p.A.

Japan: Stainless Steel Sheet and Strip in Coils, A-588-845..        7/1/03-6/30/04

    Kawasaki Steel Corporation (and alleged successor-in-interest JFE Steel Corp.)

Mexico: Stainless Steel Sheet and Strip in Coils, A-201-822...      7/1/03-6/30/04

    Mexinox S.A. de C.V.

Taiwan: Stainless Steel Sheet and Strip in Coils, A-583-831...      7/1/03-6/30/04

    Ta Chen Stainless Pipe Co., Ltd.

    Tung Mung Development Co., Ltd.

    Yieh United Steel Corporation

    Chia Far Industrial Factory Co., Ltd.

    China Steel Corporation

    Emerdex Stainless Flat-Rolled Products, Inc.

    Emerdex Stainless Steel, Inc.

    Emerdex Group

    Tang Eng Iron Works

    PFP Taiwan Co., Ltd.

    Yieh Loong Enterprise Co., Ltd.

    Yieh Trading Corp.

    Goang Jau Shing Enterprise Co., Ltd.

    Yieh Mau Corp.

    Chien Shing Stainless Co.

    Chain Chon Industrial Co., Ltd.

Thailand:

Butt-Weld Pipe Fittings, A-549-807........................     7/1/03-6/30/04

   Thai Benkan Company Limited

Canned Pineapple, A-549-813...............................     7/1/03-6/30/04

   The Thai Pineapple Canning Industry Corp., Ltd.

   The Prachuab Fruit Canning Company

   Vita Food Factory (1989) Co., Ltd.

Furfuryl Alcohol, A-549-812...............................     7/1/03-6/30/04

   Indorama Chemicals Thailand Ltd.

The People's Republic of China:

Sebacic Acid,\5\ A-570-825................................     7/1/03-6/30/04

   Tianjin Chemicals Import & Export Corporation

   Guangdong Chemicals Import and Export Corporation

Turkey: Certain Pasta, A-489-805...........................    7/1/03-6/30/04

   Filiz Gida Sanayi ve Ticaret A.S.

   Tat Konserve, A.S.



      Countervailing Duty Proceedings



Italy: Certain Pasta, C-475-819...............................    1/1/03-12/31/03

   Corticella Molini e Pastifici S.p.a./Pasta Combattenti S.p.a.

   Pastificio Carmine Russo S.p.A./Pastificio Di Nola S.p.A.

   Pastificio Antonio Pallante S.r.L.

   Pasta Lensi S.r.l. (successor to IAPC Italia S.r.l.)

India: Polyethylene Terephthalate (PET) Film, C-533-825......     1/1/03-12/31/03

   Ester Industries Ltd.

   Flex Industries Ltd.

   Gareware Polyester Limited

   Jindal Polyester Limited/Jindal Poly Films Ltd.

   MTZ Polyesters Ltd.

   Polyplex Corporation Ltd.

   SRF Ltd.

Labels: Countervailing Duties

Dan Griswold, director of the Cato Institute's Center for Trade Policy Studies, has published an article examining the trade policies of the Bush Administration and discussing the trade issues that will be faced by the next president during the next four years. The article can be viewed at the following link: http://www.cato.org/dailys/08-26-04.html.

Customs and Border Protection (CBP) published in today's Federal Register a final rule

making a number of technical corrections to CBP's regulations. The final rule makes minor

changes to 19 CFR parts 4, 10, 12, 18, 19, 101, 102, 122, 123, 141, 162, 163, 171 and 181.



The final rule can be viewed at the following link:

http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-19577.htm

A new Web site was recently launched that is dedicated to tracking and providing information on national, regional and international sanctions regulations and policy. Sanctions Watch (www.sanctionswatch.com), provides information and news on developments on a wide variety of sanctions, including economic and diplomatic sanctions. The Web site also features commentary and analysis from leading experts in the field and a discussion forum. Sanctions Watch provides one-stop access to key sanctions resources, including sanctions lists published by the United Nations, the European Union, the U.S. Government and other countries. Sanctions Watch also features a drop down menu providing country-by-country sanctions information. Sanctions Watch is a non-aligned specialist informational provider based in New York City that draws on a network of international contacts in governmental and private sector circles.

Teleglobe International Holdings Ltd. (Teleglobe), a Bermuda-based provider of international telecommunications services, today reported that it received a letter from NASDAQ indicating that the company may be delisted due to the failure to timely file its Form 10-Q for the second quarter of fiscal 2004.

On August 16, 2004, Teleglobe announced that it had identified and is investigating potential instances of noncompliance with the Foreign Corrupt Practices Act (FCPA) and is awaiting the conclusion of this investigation before issuing its financial statements for the second quarter of 2004. Teleglobe has engaged an outside law firm to investigate the FCPA matters and expects to file the 10-Q upon completion of the investigation. Teleglobe has indicated that it does not believe it is likely that any material adjustment to its financial statements is necessary as a result of the FCPA investigation.

The Department of Commerce (DOC) today published in the Federal Register an Advanced Notice of Proposed Rulemaking seeking public comments on whether to extend the Steel Import Monitoring and Analysis (SIMA) system and how to improve SIMA if the program is renewed.

The SIMA system was implemented by DOC in early 2003 in connection with the

imposition of safeguard measures on certain imported steel products. SIMA is

scheduled to expire on March 31, 2005 unless a replacement program is implemented.

SIMA was intended to provide steel producers, steel consumers, importers, and the

general public with information on imports of certain steel products. Currently, SIMA

requires licenses for imports of certain steel products that were formerly covered under the

President's safeguard action.

In order to determine whether SIMA should be extended, terminated or replaced by a

different steel import monitoring or licensing system, DOC is seeking comments on

the following topics: Product Coverage, Timing of License Applications and Possible

Modifications to the Import Monitoring program. 

Written comments on SIMA must be submitted to DOC by September 24, 2004.

On August 24, 2004, the U.S. Department of Commerce (DOC) announced its preliminary determinations in the countervailing duty (CVD) investigations on bottle-grade polyethylene terephthalate (BG PET) resin from India and Thailand. DOC preliminarily found that countervailable subsidies are being provided to producers/exporters of BG PET resin from India, with net subsidy rates ranging from 1.62 percent to 30.24 percent. DOC also found that the countervailable subsidies being provided to producers/exporters of BG PET resin from Thailand were de minimis.

The petition requesting these CVD investigations was filed on March 24, 2004, by the United States PET Resin Producers Coalition , an ad hoc association of domestic producers of BG PET resin. Individual members of the coalition include: DAK Americas, LLC (PA); Nan Ya Plastics Corporation America (SC); Voridian (TN); and Wellman, Inc. (NJ).

BG PET resin is commonly used to manufacture bottles, sheet, and strapping, whose applications include packaging for consumer goods such as soft drinks, water, juice, fresh fruit, as well as cosmetics and household cleaners.

Labels: Countervailing Duties

The Houston Chronicle has reported that Sysco Corp., the largest food distributor in the U.S., has retracted a letter of intent signed by its Alabama subsidiary to sell additional food products to Cuba. The article reports that the letter of intent included a statement that the Sysco subsidiary would work to normalize trade relations between Cuba and the United States. However, the language in the letter of intent conflicted with Sysco's corporate policy that prohibits subsidiaries from making political or government policy statements.

The inclusion of language requiring the U.S. party to work to normalize trade relations between Cuba and the United States is commonly included in letters of intent and other agreements negotiated by the Government of Cuba to purchase food and agricultural products from the U.S. Sales of food and agricultural products to Cuba are permitted by TSRA, the Trade Sanctions Reform and Enhancement Act of 2000.

The complete story can be viewed at the following link: www.chron.com/cs/CDA/ssistory.mpl/front/2754890.

The Treasury Department’s Office of Foreign Assets Control (OFAC) has recently issued its Report of Licensing Activities Pursuant to the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA) for the period April through June 2004.

OFAC’s TSRA report indicates that even though specific licenses issued by OFAC are no longer required to export agricultural commodities, medicine and medical devices to Libya there was a 5.6% increase in the number of license applications received during April-June 2004 compared to the prior quarter (226 for April-June 2004 and 214 for January-March 2004). While the quarterly report does not provide year-over-year figures, there has been a 50% increase in TSRA license applications during the past year. For example, OFAC’s April-June 2003 quarterly report states that there were only 147 license applications received during April-June 2003 and only 134 license applications received during January-March 2003.

Medical devices continue to account for the majority of all TSRA applications. Of the 226 license applications received by OFAC during April-June 2004, 128 were applications to export medical devices, 78 were for agricultural commodities and 20 were for medicines.

The quarterly report indicates that there was a significant slowdown in the licensing process during April-June 2004. The average processing time for issuing licenses increased by 64.9% to 28.2 business days in April-June 2004 from 17.1 business days in January-March 2004. The average time for issuing licensing determinations increased by 49.4% to 23.9 business days compared to 16 business days in the preceding quarter.

OFAC’s quarterly report claims that the delays are due to the increased complexity and length of license applications (the majority of license applications --195 of 226 -- pertained to the export of medical devices to Iran) coupled with more protracted scrutiny on the part of other reviewing agencies (primarily the Department of State). The report notes that the 30-day extension of the nine-business day review period by other agencies is taken for nearly all cases. Interagency review exceeded the 30-day extension period in 31.9% of licensed cases (compared to 11.1% for January-March 2004). Of these cases, the review period exceeded the 30-day extended period by an average of 24.7 business days (compared to 12.7 business days for January-March 2004).

As a reminder, written comments on the effectiveness of OFAC's TSRA licensing procedures for inclusion in OFAC's second biennial report to the Congress are due on September 8, 2004.

OFAC’s quarterly report for April-June 2004 can be viewed at the following link:
www.treas.gov/offices/enforcement/ofac/licensing/agmed/3quarter2004.pdf.

The U.S. Customs and Border Protection Modernization Office (CBPMO) has issued the August 2004 edition of its monthly newsletter. The newsletter's lead story notes that in July 2004 11 importers and customs brokers made their first monthly duty payments via the Automated Commercial Environment's (ACE) new periodic payment and statement pilot project. This represents the first time in the 215-year history of U.S. Customs that monthly statement and payment capabilities have been available. Currently, 34 importers and 17 customs brokers are participating in the ACE pilot project. The schedule for making the features available to additional ACE participants will be announced later this year. There are currently 162 ACE importer and broker accounts, representing nearly 30 percent of the total value of fiscal year 2003 imports.

The newsletter can be viewed at the following link: http://www.cbp.gov/linkhandler/cgov/toolbox/about/modernization/final_news0804.ctt/finalnews0804.pdf.

At an August 17, 2004 hearing before Senior Judge John Garrett Penn of the U.S. District Court of the District of Columbia, Interaero Inc., of Westlake Village, California, pleaded guilty to violating the Arms Export Control Act in connection with sales of military aircraft and missile parts to China.

In entering the company's guilty plea, Arthur Hale, president of Interaero, admitted that the company sold six shipments of military aircraft parts valued at more than $40,000 to a company located in China without obtaining the required Department of State export licenses. The shipments included parts for F-4 Phantom Fighters, F-5 Phantom/Tiger Fighters and Hawk Missiles. The military aircraft parts that were exported were advertised by Interaero on the Inventory Locator Service (www.ilssmart.com), a subscription computer database on which aircraft parts suppliers advertise the parts they can supply. In the indictment, the U.S. Government alleged that Interaero knew it was dealing with a buyer from China and was also aware that the Chinese buyer intended to sell the parts to Iran.

Under the plea agreement, Interaero has agreed to pay a criminal fine of $500,000 and receive five years of corporate probation. Interaero is scheduled to be sentenced on October 26, 2004. Neither Hale nor any other Interaero employee was prosecuted.

This conviction is the eleventh conviction resulting from an undercover investigation that targeted aircraft parts suppliers that sell defense articles and military parts over the Internet to foreign buyers without obtaining export licenses or complying with the arms embargoes.

The Commerce Department’s Bureau of Industry and Security (BIS) has recently imposed penalties on two companies and one individual for violating the U.S. Export Administration Regulations (EAR). The following is a summary of the alleged violations and penalties imposed:

Gebruder Weiss GmbH, based in Vienna, Austria, has agreed to pay a $6,000 civil penalty to settle charges that it aided and abetted the shipment of thyroglobulin testing kits from the United States to Iran through Austria in violation of the EAR. BIS had charged that in January 1999 Gebruder Weiss aided and abetted the export of thyroglobulin testing kits from the United States to Iran through Austria without prior authorization from the Office of Foreign Assets Control (OFAC)

In addition, BIS has indicated that Aura Limited of the United Kingdom has agreed to a denial of export privileges for a period of two years to settle charges that it aided and abetted the transshipment of certain medical equipment to Iran in violation of the Export Administration Regulations (EAR). BIS alleged that between June 2, 1999 and March 22, 2000, Aura aided and abetted the export of bone densitometer equipment to Iran without prior authorization from OFAC.

By way of background, under the terms of the U.S. embargo on Iran, all exports to Iran are prohibited unless they are authorized in advance by a specific license issued OFAC. The export of U.S.-origin products to Iran, including medical devices and other humanitarian products, without obtaining a license from OFAC prior to shipment is a violation of the EAR and OFAC's Iran Sanctions Regulations and may be subject to penalties imposed by both BIS and OFAC.

Finally, BIS has imposed a $20,000 civil penalty and a two-year denial of export privileges on Zlatko Brkic, of Elk Grove Village, Illinois. BIS had alleged that in 1999 Mr. Brkic, through his former company Bosnian Trade Center, Inc., attempted to export handcuffs from the United States to Ekohemija DJL, in Sarajevo, Bosnia and Herzegovina, without the required export licenses.

Today's International Herald Tribune contains a disturbing account of the United Nations (U.N.) Oil-For-Food Program for Iraq. The article explores how Saddam Hussein and his regime amassed billions of dollars while under international sanctions and concludes that "an examination of the program, the largest in the UN's history, suggests a straightforward answer: The United Nations let him do it."

The article describes the mismanagement and inaction that was rampant in the U.N.'s 661 Committee, the U.N. body that was responsible for overseeing the Oil-for-Food Program. The article notes that "despite an elaborate system for overseeing oil-for-food contracts, corruption never seemed to be the chief concern of anyone involved" and that the result was "paralysis that translated into acquiescence toward matters like oil smuggling and kickbacks."

The complete article can be viewed at the following link: http://www.iht.com/articles/533768.html.

The U.S. Food and Drug Administration (FDA) has issued the fourth edition of the FDA's Web-based guidance for industry entitled "Questions and Answers Regarding Registration of Food Facilities." The fourth edition includes answers to new inquiries regarding the implementation of the FDA's Registration of Food Facilities Interim Final Rule (21 CFR Part 1, Subpart H) that was published on October 10, 2003. See 68 Fed. Reg. 58,894 (Oct. 10, 2003). The FDA's interim final regulation was issued to implement the Bioterrorism Act's requirement that domestic and foreign facilities that manufacture, process, pack, or hold food for human or animal consumption in the United States must register with FDA by December 12, 2003. The updated guidance document can be found at the following Web site: http://www.cfsan.fda.gov/~dms/ffregui4.html#update.

The U.S. Department of State's Directorate of Defense Trade Controls (DDTC) has announced that effective Monday, August 16, 2004, the processing of Technical Assistance Agreements (TAA) via D-Trade, DDTC's electronic licensing system, will be temporarily suspended. DDTC has indicated that this action is being taken after a review of industry user comments. DDTC has also indicated that "the design and development of an electronic form that allows for processing of both Manufacturing License Agreements and Technical Assistance Agreements is well under way" and that the "new form includes features that will streamline industry submissions and will facilitate DDTC review." DDTC will issue a separate announcement once the new system is available. In the meantime, TAA cases now pending in D-Trade will continue to be processed by DDTC until final action is taken.

Labels: DDTC

Yesterday, the Office of Foreign Assets Control (OFAC) issued an amended general license authorizing additional transportation transactions with Libya. The amended general license revises the general license issued by OFAC on April 23, 2004. Prior to the issuance of the amended general license nearly all transportation-related transactions with Libya were prohibited, except for those expressly authorized by section 550.574, the general license for travel to Libya. The amended general license now authorizes additional transportation-related transactions with Libya, except for those transactions specified in paragraph (b)(3) of the amended general license, which remain prohibited. Two examples of the changes effected by the amended general license are: (1) U.S. air carriers may now operate all-cargo charters to Libya; and (2) Code-sharing between U.S. and third-country air carriers on U.S.-Libya service is now permitted.

As indicated in the following notice that was published in today's Federal Register, President Bush has extended the Export Administration Act for an additional one-year period:

Notice of August 6, 2004 - Continuation of Emergency Regarding Export Control Regulations

On August 17, 2001, consistent with the authority provided me under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), I issued Executive Order 13222. In that order, I declared a national emergency with respect to the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States in light of the expiration of the Export Administration Act of 1979, as amended (50 U.S.C. App. 2401 et seq.). Because the Export Administration Act has not been renewed by the Congress, the national emergency declared on August 17, 2001, and renewed on August 14, 2002, and on August 7, 2003, must continue in effect beyond August 17, 2004.

Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared in Executive Order 13222.

This notice shall be published in the Federal Register and transmitted to the Congress.

(Presidential Sig.)

THE WHITE HOUSE,

Washington, August 6, 2004.

By way of background, the Export Administration Act of 1979 (EAA) was reauthorized by Congress on November 13, 2000, Pub. L. 106-508, 114 Stat. 2360. The EAA lapsed on August 20, 2001. Pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701-1706 (1994 & Supp. IV 1998)), the President, through Executive Order 13222 of August 17, 2001 (66 Fed. Reg. 44025 (August 22, 2001)), continued the EAA and its regulations in force for a period of one year, subject to annual renewal.

Last Sunday's Seattle Times contains an excellent profile of Congressman George Nethercutt's (R-Wash.) role as the leading advocate of sanctions reform in the U.S. Congress. The article discusses Congressman Nethercutt's tireless and critical role in the passage of the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA) (Title IX of H.R. 5426, as enacted by Public Law 106-387), commonly known as TSRA, which codified the lifting of U.S. unilateral sanctions on commercial sales of food, agricultural commodities, medicine and medical devices to embargoed countries, including Cuba. The reforms enacted by TSRA have led to a significant increase in the export of agricultural, medical and other humanitarian products to Cuba and other embargoed countries.

Congressman Nethercutt is the Republican candidate for U.S. Senator from Washington State and will face incumbent Patty Murray in November.

The article can be read at the following link: The Seattle Times: Local News: Profile: Nethercutt's persistence pays off for Cuba trade.

The Treasury Department's Office of Foreign Assets Control (OFAC) published a notice in today's Federal Register requesting the public to submit written comments on the effectiveness of OFAC's licensing procedures implementing the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA), for the exportation of agricultural commodities, medicine, and medical devices to Sudan and Iran (the TSRA licensing requirement on exports to Libya were lifted on April 29, 2004). The comments will be included in OFAC's second biennial report to the Congress on the TSRA licensing program. Comments are due on September 8, 2004.

All exporters that have applied for or received an OFAC license under the TSRA Ag/Med program to export agricultural and medical products to Iran, Sudan and Libya are requested to submit comments on their experience with the program. In particular, comments should be submitted on the amount of time elapsed from the date of filing of a license application until the date of its approval. Please contact us at info@djacobsonlaw.com if you would like your TSRA-related comments to be submitted to OFAC.

Yesterday's Newsday reports on the role that steel-related issues in West Virginia and other steel producing states will play in this year's presidential election. The article can be viewed at the following link: http://www.newsday.com/business/ny-bzecon0808,0,7128237.story?coll=ny-business-big-pix.

For those of you that subscribe to International Trade Law News via the Bloglet service you may have noticed that the e-mail notification service has been sporadic of late. Apparently, the Bloglet e-mail service has been experiencing problems, although today it appears to be working fine for the first time all week. Another option to consider is to subsribe to the RSS (Really Simple Syndication) feed of International Trade Law News using the buttons on the right-hand side of this page. The feed can be added to your My Yahoo! account using Yahoo's RSS Headlines service or you can add the feed to a news aggregator (I recommend Pluck). Please let us know if you have any questions and thank you for your support.

U.S. Deputy Secretary of State Richard Armitage today said that the Bush administration is studying Syria's response to the sanctions imposed under the Syria Accountability and Lebanese Sovereignty Restoration Act in May 2004 and warned that additional sanctions could be imposed. In an interview with the Lebanese Al Hayat-LBC satellite station Armitage said "we have the ability to go to stage two, which will be a more draconian sanctions regime," but noted such a decision has not been made.

Today the U.S. Department of Commerce (DOC) announced the preliminary results in the antidumping duty investigation on outboard engines from Japan. DOC found a 22.52% preliminary dumping margin found for all Japanese outboard engine manufacturers, Yamaha, Honda and Suzuki. U.S. Customs and Border Protection (CBP) will require importers of these products to post a bond or pay a cash deposit equal to 22.52% of the import value once the preliminary results are published in the Federal Register next week. DOC will issue the final antidumping determination later this year.

This antidumping investigation was initiated following the submission of an antidumping duty petition by Mercury Marine. The petition alleged dumping margins of 11.80% - 41.50%. The products subject to this investigation are gasoline-powered spark outboard motors designed and used for all types of light recreational and commercial boats. These products are classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheadings 8407.21.0040 and 8407.21.0080.

The Bureau of Industry and Security (BIS) has announced that it will hold its 17th annual Update Conference on Export Controls and Policy on October 4-5 at the Renaissance Hotel in Washington, D.C.

Update 2004 will give give the exporting community the opportunity to learn first hand from senior U.S. Government officials about current issues and trends in export control policies, regulations and practices. The event also provides the opportunity to network with colleagues in the export control industry, interact with U.S. and foreign government officials, and learn about programs and services offered by U.S. Government and industry exhibitors.

Additional information, including the agenda and program description, is now available on the BIS website at http://www.bis.doc.gov/SeminarsAndTraining/Update2004.htm. On-line registration will begin in mid-August.

U.S. Customs and Border Protection (CBP) has annoucned that it will sponsor a seminar for CBP personnel and customs brokers on steel indentification, classification and trade law in Long Beach, California on September 21 and 22, 2004. The seminar will include topics related to the technical, commercial and legal issues associated with the import of steel products into the U.S. The seminiar will be held at the Long Beach Public Library and Information Center. For more information, please contact Mr. Ronald Cole (562-366-5733) or Richard Andrejko (562-366-5706).

Today the U.S. Department of Commerce (DOC) announced that it has amended the preliminary determination in the antidumping duty investigation of wooden bedroom furniture from the People's Republic of China (PRC). As a result of corrections made to address clerical errors in the preliminary determination, DOC has amended the antidumping margins for certain mandatory respondents and has preliminarily determined that certain Chinese producers/exporters are eligible for a 'separate rate.'

As a result of clerical errors made in the preliminary determination, the Department has revised the preliminary antidumping margin for three mandatory respondents as follows: (1) Rui Feng Woodwork Co., Ltd., Rui Feng Lumber Development Co., Ltd., and Dorbest Limited -- from 19.24% to 11.85%; (2) Starcorp Furniture (Shanghai) Co., Ltd., Orin Furniture (Shanghai) Co., Ltd., Shanghai Starcorp Furniture Co., Ltd.-- from 24.3% to 30.52%, and (3) Tech Lane Wood Mfg. And Kee Jia Wood Mfg. -- from 9.36% to 29.72%.

In addition, DOC has concluded that twenty companies were incorrectly denied separate rate status. Accordingly, the following companies will be assigned a preliminary margin of 10.92% rather than the PRC-wide rate of 198.08%: Alexandre International Corp., Art Heritage International Ltd., Chuan Fa Furniture Factory, Clearwise Company Limited, COE, Ltd., Dongguan Chunsan Wood Products Co., Ltd., Dongguan Hero Way Woodwork Co., Ltd., Dongguan Da Zhong Woodwork Co., Ltd., Dongguan Sunrise Furniture Co., Dream Rooms Furniture (Shanghai) Co., Ltd., Foshan Guanqiu Furniture Co., Ltd., Gaomi Yatai Wooden Ware Co., Ltd., Green River Wood (Dongguan) Ltd., Kuan Lin Furniture (Dong Guan) Co., Ltd., Longrange Furniture Co., Ltd., Passwall Corporation, Prime Wood International Co., Ltd. et al, Shenzhen Xiande Furniture Factory, Tianjin Master Home Furniture and Yida Co., Ltd.

In the fourth tranche of recent actions taken against members of the former Hussein regime, the United States today designated three individuals and one front company pursuant to Executive Order 13315. The United States has now designated 232 Iraqi-related entities and individuals, comprised of 191 parastatals, 30 individuals and 11 front companies.

Today's designations by the Treasury Department include Bloto International Co., a Bangkok-based company serving as a front for the Iraqi Intelligence Service (IIS), along with its owner and director, a former IIS officer suspected of planning attacks in January 2003 against U.S. citizens in Thailand. The designations also include two Iraqi ambassadors who are said to have used their senior positions to engage in a variety of illicit activities ranging from the financing of foreign anti-Coalition fighters during Operation Iraqi Freedom to the embezzlement of regime funds.

Today's action is taken pursuant to Executive Order 13315 which blocks property and interests in property of senior officials of the former Iraqi regime within the possession or control of U.S. persons. The United States is also submitting the names of these individuals and associated companies to the U.N. with the recommendation they be listed by the 1518 Committee under U.N. Security Council Resolution (UNSCR) 1483. UNSCR 1483 requires U.N. member states to identify, freeze and transfer to the Development Fund for Iraq (DFI) assets of senior officials of the former Iraqi regime and their immediate family members, including entities owned or controlled by them or by persons acting on their behalf.

Philip Merrill, the Chairman of the Export-Import Bank of the United States (U.S. Ex-Im Bank), was in Istanbul, Turkey last week promoting the U.S. Ex-Im Bank's programs for the purchase of U.S. goods and services.

In a meeting with Turkish business and government leaders, the U.S. Ex-Im Bank Chairman said that the U.S. Ex-Im Bank has a long history of supporting U.S. exports to Turkey. He noted that the U.S. Ex-Im Bank and has authorized more than $2 billion to finance a wide variety of U.S. exports to Turkey, including energy-related infrastructure projects, hotel equipment, medical supplies and generators for a thermal-spring tourist resort.