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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: ISM- San Antonio
Date: July 24, 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: DBA 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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International Trade

Tariff Ticker Highlights Cost of Delaying Colombia FTA

The U.S. Commerce Department unveiled a screen ticker highlighting the nearly $1 billion in estimated tariffs imposed on U.S. exports to Colombia since the free trade agreement (FTA) was signed. The ticker can be viewed at www.tradeagreements.gov. Many of these tariffs on U.S. goods and services would be immediately eliminated once the Colombia FTA enters in to Force. These tariffs can only be eliminated if Congress schedules a vote and approves the Colombia FTA. The agreement was signed 520 days ago on November 22, 2006.

"At a time when exports are booming and we are looking to spur U.S. economic growth, Congress should allow American workers to compete on a level playing field," Ambassador Susan C. Schwab said. "Burdening products and services created by American workers, farmers and entrepreneurs each time they sell to the Colombian market must end now. Every day we delay, only harms us more."

Every day that Congress fails to level the playing field costs U.S. workers whose products carry stiff tariffs like 80 percent on high quality beef, 20 percent on shampoo and deodorant, 15-20 percent on wine, 5-10 percent on cell phones, and 5-10 percent on important medical equipment such as Ultrasound, X-ray machines and pacemakers. Once the Colombia FTA is in force, these tariffs will be immediately eliminated, making American products more affordable and more competitive in the Colombian market.

If you have question about importing or exporting goods, contact Chester/Associates at trade@tradelawfirm.com <mailto:trade@tradelawfirm.com> .

Source: USTR
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International Trade
US Safeguards are "Afoot"

Despite the fact that overall U.S. exports to CAFTA-DR partners increased more than 14 percent in 2007 over 2006, The U.S. Committee for the Implementation of Textile Agreements (CITA) announced last month its decision to apply a textile safeguard on U.S. imports of cotton socks from Honduras. Pursuant to the provisions of the Central America-Dominican Republic-United States Free Trade Agreement (CAFTA-DR), the United States will apply a 5 percent tariff to U.S. imports of Honduran socks from July 1 to Dec. 31, 2008. Absent the special safeguard, Honduran socks would enter the U.S. Duty free.

CAFTA-DR contains a special textile safeguard that allows the United States to temporarily re-impose tariffs on imports of apparel if they cause serious damage, or threat thereof, to American manufacturers.

The United States concluded that a 5 percent tariff on Honduran cotton socks will provide additional, temporary relief to domestic sock manufacturers. It is estimated that the duties collected during the six-month period of the safeguard will exceed the total duties collected on socks imported from Honduras during the five-year period 2003-2007.

The Committee notes that it is not at this time making a determination to apply a safeguard measure with respect to wool and man-made fiber socks, that were part of the original safeguards inquiry.

Honduras is the second-largest supplier of cotton socks to the United States after Pakistan and ahead of China. Imports of cotton socks from Honduras were 27.3 million dozen pairs through the first eleven months of 2007, an increase of 99 percent from the same period in 2006.

Source: US ITA

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Intellectual Property

Patented Success

The Commerce Department's United States Patent and Trademark Office (USPTO) announced that it is initiating a six-month pilot program that will allow an applicant to have an interview with the patent examiner prior to the first Office action on the merits in a new utility application. The First Action Interview Pilot program will expedite prosecution of the patent application by enhancing the interaction between the applicant and the examiner, providing the applicant an opportunity to resolve patentability issues one-on-one with the examiner at the beginning of the review process. The program will begin on April 28.

"As we have learned from our Accelerated Examination program, an interview between the applicant and examiner early in the review process can help resolve issues more quickly and expedite a final decision," said Under Secretary of Commerce for Intellectual Property and Director of the USPTO Jon Dudas. "We believe the enhanced information exchange in the First Action Interview Pilot program will offer dual benefits of reduced pendency and improved patent quality."

Currently, an applicant may request an interview prior to a first action. Granting of an interview is within the discretion of the examiner who has not yet reviewed the case, and the applicant may be required to identify relevant documents and explain how the invention is patentable over these documents.

If you have questions about intellectual property protection, contact Chester/Associates at IP@tradelawfirm.com.

Source:USPTO

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Entertainment

Stormtroopers In The Courtroom

Testimony began the first week in April in Britain to enforce a 2006 California court judgment against a British prop designer held liable for copyright and trademark infringement of the Star Wars "Storm Trooper" design.

Andrew Ainsworth, sculpted the Stormtrooper helmet for the first "Star Wars" movie in 1977. Ainsworth now sells replicas of the helmets and armor "casted from the original molds."

Lucusfilms won a $20 million judgment in 2006. Now that they are enforcing the judgment, Ainsworth is countersuing claim he owns the copyright and is entitled to a portion of the $24 Billion in "Star Wars" merchandising revenue.

May the Force be with you in all your litigation. For more details read: http://news.bbc.co.uk/2/hi/entertainment/7337005.stm

This article appears courtesy of Tamera H. Bennett, a Texas-based entertainment lawyer. For entertainment law questions, contact Tamera Bennett at info@tbennettlaw.com.


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Business - Internet

Living with the Ninth Circuit

The Ninth Circuit recently reversed a district court ruling that dismissed a Fair Housing Act claim brought against a roommate-matching website. The site required users to provide information including their gender, relationship status, and sexual orientation. The court found the site was not immune under Section 230 of the Communications Decency Act from Fair Housing Act claims. In its decision the court noted that the Fair Housing Act creates liability for parties that ask questions in protected categories. The site requiring subscribers to provide information from these protected categories as a condition of accessing its service, and by providing a list of limited set answers, the site became more than a passive transmitter of information that users provided.

Conducting business on the internet exposes you to many different state and federal laws. If you have questions about laws that may impact your business, contact Chester/Associates at biz@tradelawfirm.com.

Source: Fair Housing Council of San Fernando Valley v. Roomates.com, LLC, No. 04-56916 (9th Cir. Apr. 3, 2008)(en banc).

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Business
Costly Rejections

Wal-Mart Stores, Inc. will pay $300,000 to a Hardin, Mo., man to settle a disability discrimination lawsuit brought by the U.S. EEOC, the agency recently announced.

In its suit, the EEOC alleged that Wal-Mart refused to hire Steve Bradley, who has cerebral palsy and uses crutches or a wheelchair for mobility, when he applied for employment at its Richmond, Mo., store in 2001. At the time, the retail giant was preparing to open a new 24-hour Supercenter and was conducting mass hiring. Bradley applied for any available job, but during his interview he was questioned about his ability to work using his wheelchair and was told he was "best suited" for a greeter position. Ultimately, the company refused to hire him. The EEOC's suit (EEOC v. Wal-Mart Stores, Inc., No. 04-cv-0076 (W.D. Mo)) alleged that Wal-Mart violated Title I of the Americans with Disabilities Act (ADA) when it refused to hire Bradley.

In a proposed consent decree, which will require court approval, Wal-Mart agreed to pay $300,000 to Bradley, provide ADA training to managers at its Richmond store, notify job applicants about the decree and inform several Kansas City-area job service agencies that that the company seeks to employ qualified individuals with disabilities. If approved by the court, the EEOC will monitor the company's compliance with the decree for two years.

"Working at Wal-Mart was a dream for Steve Bradley, and one that should have been attainable for him," said Andrea G. Baran, the EEOC's senior trial attorney who handled the case." Mr. Bradley saw Wal-Mart's ads on television showing disabled employees, and he thought it would be a great place to work. Unfortunately, Wal-Mart didn't train its managers to see that an applicant's ability, not his disability, is what matters. We're very hopeful that this settlement signals Wal-Mart's strengthened commitment to employing people with disabilities."

Day to day business decisions can be costly if not done within the boundaries of the law. If you have questions about the laws affecting your decisions, contact Chester/Associates at biz@tradelawfirm.com.

Source: EEOC

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Import

Munchies at the Border

Customs and Border Protection officers at Newark Liberty International Airport arrested Jose Rayuela, a 49-year-old Spanish citizen, and seized almost nine pounds of heroin concealed within chocolate candy bars last month.

CBP officers selected Mr. Rayuela for a baggage exam after he arrived on a flight from Lima, Peru. Mr. Rayuela presented one suitcase for inspection. During the examination of his luggage, CBP officers became suspicious of four boxes of chocolate candy bars that were in the passenger's luggage. After probing one of the candy bars, a brown powdery substance was discovered which field tested positive for heroin.

The nine pounds of heroin has a street value of approximately $4,000,000. Mr. Rayuela was turned over to Immigration and Customs Enforcement agents for federal prosecution by the U.S. Attorney's Office, District of New Jersey located in downtown Newark. He appeared this afternoon in front of U.S. Magistrate Madeline Cox Arleo.

The rules governing exporting goods to foreign countries are constantly changing and complex. If you have questions about international trade, contact Chester/Associates at trade@tradelawfirm.com.

Source: USCBP

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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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