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Editor-In-Chief
J. F. (Jim) Chester, JD/LL.M

Articles Editor
Miranda Anger, JD

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UPCOMING SEMINARS

Fundamentals of International Trade Regulation
Sponsor: Inst. Of Supply Chain Mgmt - San Antonio
Date: July 31, 2008
Time: 6 P.M. - 8 P.M.
Place: Petroleum Club, San Antonio
Contact: Bob Wolfe - BWolfe@swri.org


U.S. Export Controls and Technology
Sponsor: Dallas Bar Assoc, Computer Law Section
Date: September 22, 2008
Time: Noon - 1:00P.M.
Place: Belo Mansion, Dallas
Cost: Free (Separate Charge for Lunch, if desired )
Contact: Bhaveeni Parmar - bhaveeni@ckptlaw.com
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Import

Sneaking Sneakers

Chalk up another one for the U.S. Customs and Border Protection officers at the Port of Oakland who recently secured another million dollar seizure of counterfeit merchandise. The merchandise, manifested as "polyresin figurines," turned out to be over 8,000 pairs of counterfeit Nike tennis shoes with a Manufactured Suggested Retail Price (MSRP) of over $1 million (Domestic Value of $207,000).

Counterfeit shipments of trademarked merchandise that are registered and recorded with CBP can be detained and seized for the execution of civil penalties as well as criminal proceedings depending on the issues of the case. Acting San Francisco Port Director Leticia Romero said, "CBP recently had a flurry of Intellectual Property Rights cases across the nation that ended in positive outcomes for the trademark holders. Revenue from these types of illicit behaviors may be used for other criminal activities."

Intellectual property protection exists in many different forms, but even registered IP must generally be policed by the IP owners themselves to discover and prevent infringement. The US border is one place where you can enlist the assistance of the US government to assist you. For information, contact ip@tradelawfirm.com.

Source: US CBP
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Business

Working with the Government

Government contractors will be subject to new paperwork and employment requirements as part of the changes to the Vietnam Era Veterans Readjustment and Assistance Act (VEVRAA). The JVA amendments \increased the contract amount that trigger employment affirmative action requirements. Under the amendment contracts for $25,000 or more that were entered into or modified before 12-1-03 will trigger reporting requirements using the Form VETS-100. Contracts for $100,000 or more that were created on or after 12-1-03 will also trigger reporting requirements, using the new Form VETS-100A.

Government contractors must comply with a variety of rules and regulations. If you have questions about your compliance, contact Chester/Associates at biz@tradelawfirm.com.

Source: VEVRAA

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Export

The Rising Costs of Technology

United States Trade Representative Susan C. Schwab recently announced that the United States has requested World Trade Organization (WTO) dispute settlement consultations with the European Union (EU) regarding the duties they are imposing on certain products that should be duty-free under the WTO Information Technology Agreement (ITA).

"It is critical that the European Union live up to its ITA obligations instead of imposing new taxes and duties on innovative technologies," Schwab said. "The EU should be working with the United States to promote new technologies, not finding protectionist gimmicks to apply new duties to these products. Therefore, we urge the EU to eliminate permanently the new duties and to cease manipulating tariffs to discourage technological innovation."

Japan also announced today that it has requested dispute settlement consultations with the EU on this matter.

Source: USTR
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Exports

BIS Establishes Emerging Technology and Research Advisory Committee


The Bureau of Industry and Security (BIS) recently announced the establishment of the Emerging Technology and Research Advisory Committee (ETRAC). The new committee will assist BIS in evaluating currently controlled technologies and emerging technologies which may have national security significance.

"The formation of the ETRAC is a significant step towards the continued refinement of U.S. export control policies through public-private sector collaboration," said Under Secretary Mancuso. "The ETRAC will help ensure that we are protecting U.S. national security interests while preserving U.S. leadership in scientific and commercial technology innovation."

The ETRAC will provide recommendations to BIS on how to help keep the Commerce Control List current with respect to emerging technologies and research and development activities that have dual-use applications. The committee will assess new and existing regulatory controls that are of greatest consequence to U.S. national security and study the implications of the release of dual-use technology to foreign nationals under current deemed exports licensing requirements.

On January 22, 2008, the President issued a dual-use export control directive in which he directed the Secretary of Commerce to implement programs to assess whether regulations "control the export and reexport of sensitive items while minimizing the impact on U.S. competitiveness and innovation." The establishment of the ETRAC also responded to a recommendation of the Deemed Export Advisory Committee, which was formed by Secretary of Commerce Carlos Gutierrez and issued a report entitled The Deemed Export Rule in the Era of Globalization.

Qualified leaders in industry, academia and research are encouraged to apply; further information can be found in the Federal Register Notice announcing the committee. Members should have in-depth knowledge of U.S. research and emerging technology that could affect U.S. national security.

If you have questions regarding export controls, contact Chester/Associates at trade@tradelawfirm.com

SOURCE: BIS

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Trade

Unfair Dumping And Subsidization Of Standard Pipe From China

The U.S. Department of Commerce recently announced its final affirmative determinations in the antidumping (AD) and countervailing (CVD) duty investigations on imports of standard pipe from China. Standard pipe is used for carrying water, steam, natural gas, air and other liquids and gases in plumbing and heating systems, air conditioning units and automatic sprinkler systems.

Commerce determined that Chinese exporters have sold standard pipe in the United States at less than normal value and received actionable subsidies. The Shuangjie Group and Jiangsu Yulong Steel Pipe Co., mandatory respondents in the AD investigation, withdrew their participation and received an 85.55 percent antidumping rate based on total adverse facts available. Thirty-one other companies were awarded separate antidumping rates of 69.20 percent. The China-wide antidumping rate of 85.55 percent will be applied to all other exporters.

In the CVD investigation, Commerce calculated final margins for the two Chinese mandatory respondents Weifang East Steel Pipe Co. at 29.57 percent, and The Kingland Group at 44.86 percent. The Shuangjie Group also withdrew its participation in the CVD investigation and was assigned a 615.92 percent CVD rate based on adverse facts available. The China-wide CVD rate of 37.22 percent will be applied to all other exporters.

As a result of this final AD determination, Commerce will instruct U.S. Customs and Border Protection to continue to suspend liquidation of entries of standard pipe and collect a cash deposit or bond based on these final rates. Suspension of liquidation will only resume for purposes of countervailing duties if the U.S. International Trade Commission (ITC) issues an affirmative injury finding of injury to domestic manufacturers.

"Dumping" is when a foreign company sells a product in the United States at less than normal value. "Subsidies" are financial assistance from foreign governments that benefit the production, manufacture or exportation of goods. If you have questions regarding AD/CVD orders or their impact on your company, contact Chester/Associates at trade@tradelawfirm.com.

Source: US ITA

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Business
Ladies, Liquor, and Ill-Legality

Razzoo's, a Dallas/Fort Worth-based Cajun food restaurant chain, will pay $1 million and furnish significant remedial relief to settle a sex discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC had charged Razzoo's with discriminating against a class of male applicants and employees.

The EEOC said that Razzoo's refused to hire or promote men to the position of bartender in its restaurants. Razzoo's management set up and communicated to managers by e-mail a plan for an 80-20 ratio of women to men behind the bar, the EEOC said. Sex discrimination violates Title VII of the Civil Rights Act of 1964.

"Some may think that sex sells drinks, but gender ratios are illegal," said Suzanne M. Anderson, EEOC supervisory trial attorney and lead counsel on the lawsuit (EEOC v. Razzoo's, Civil Action No. 3:05-CV-0562-P, Northern District of Texas, Dallas Division). "Razzoo's decision to hire and promote by gender is a clear violation of federal law. A hiring ratio is illegal whether it is 80-20 whites to blacks or 80-20 women to men."

While a business idea or practice may seem a harmless sales tactic, it may be a violation of federal laws. Check with Chester/Associates about legality of your business practices at biz@tradelawfirm.com.

Source: EEOC

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Intellectual Property
Busting Balloons

Medtronic, Inc. recently announced that a federal jury found that Boston Scientific Corporation has infringed three patents owned by Medtronic, and awarded Medtronic $250 million in damages.

Medtronic sued Boston Scientific in 2006 asserting that Boston's Taxus Express2, Express2, Liberte, Maverick, Maverick2, and Quantum Maverick products infringed the Fitzmaurice and Anderson catheter patents owned by Medtronic. The trial began on Friday, May 16, 2008.

The Fitzmaurice patents cover angioplasty catheters with narrowed distal ends, which improve the deliverability of angioplasty catheters. The Anderson patent covers semicompliant angioplasty balloons. The Anderson balloons provide sufficient strength to withstand repeated inflations allowing custom vessel sizing.

Intellectual property protection is an important part of every successful business. If you have a question about how to protect your intellectual property, or if you suspect another company of infringing, contact Chester/Associates at ip@tradelawfirm.com.

Source: Medtronic, Inc.


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No claim to government works. Otherwise, © Chester/Associates, PLLC 2008

The material in this newsletter is for informational purposes only. It is not legal advice, and does not create an attorney-client relationship. To subscribe, or to be removed from this subscription list, send an email to: chestersworld@tradelawfirm.com.

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Trademarks - Transactions - Trade
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