The World Trade Organization cannot negotiate trade liberalization, and trade distorting agricultural subsidies are getting worse, not better, said Aluisio de Lima-Campos, chairman of the ABCI Institute, the Portuguese acronym for Brazilian International Trade Scholars. He was leading a panel Nov. 5 at American University, the end of a daylong trade symposium co-sponsored by ABCI.
Court of International Trade activity
Mexican officials presented a letter from President Andres Manuel Lopez Obrador to House Ways & Means Chairman Richard Neal Oct. 17 that he is asking the national legislature and state legislatures to increase what they are spending on labor reform in the coming year, including an additional $18.8 million for federal labor courts, $18 million for local conciliation center, $13.5 million for local labor courts and $10 million for training, public education and verification related to the new contracts. The federal government will provide a property worth $23 million to the new labor center, he said,
House Ways and Means Committee Chairman Richard Neal, D-Mass., said Mexico has made "another significant step forward" by promising to fully fund new labor courts that will be integral to major labor reform in that country. Neal said he, fellow working group member Rep. Jimmy Gomez, D-Calif., and committee member Rep. Bill Pascrell, D-N.J., met with the Mexican president for an hour and 45 minutes during the recess, an hour longer than scheduled.
A federal court in Philadelphia sentenced an exporter of protected wildlife to six months in prison for smuggling terrapins to Canada in violation of the Lacey Act, the Justice Department said in an Aug. 29 press release. David Sommers of Levittown, Pennsylvania, had pleaded guilty in February to Lacey Act false labeling violations related to the misdeclaration of diamondback terrapins on a commercial invoice and international air waybill he submitted to a carrier for a shipment to Canada.
Of the 10 Congress members who traveled to Mexico last weekend to evaluate the NAFTA rewrite as part of a congressional delegation, one was already planning to vote for the deal, others were leaning yes, and some others have always opposed free trade deals. For some of those who were leaning yes, their conversations with government officials and institutions that tackle environmental problems near the border moved them closer to voting yes. For others who were already skeptical, they returned even more skeptical.
The EU's customs exemptions for low-value shipments may encourage undervaluation, the European Court of Auditors said in a report on the EU's collection of customs duties for e-commerce imports. Customs duties aren't levied on imports of goods equal to or less than €150. "These low value consignment reliefs (LVCR) can be abused via: (i) undervaluation of goods, which are declared below the thresholds for the VAT and/or customs exemptions; (ii) splitting consignments to be under the threshold limit; (iii) importing of either commercial consignments declared as gifts or of goods which are ineligible for the relief," the auditors said.
A recent Supreme Court case on courts' deference to federal agencies will likely result in tougher legal scrutiny of trade policies made by the Commerce Department, CBP and other agencies that affect trade, said Devin Sikes, a lawyer at Akin Gump. Sikes wrote that the U.S. Court of International Trade and federal appeals courts will be doing deeper reviews of federal agencies' trade regulations that could have ambiguity. "Federal agencies operating in the international trade arena likewise will need to more fully explain their reasons for interpreting a regulation in a particular way," Sikes wrote. "These agencies may no longer assert ambiguity based on the regulation’s terms and expect deference from the courts. Expect an increase in the number of challenges filed contesting an agency’s interpretation of its own regulations."
A New Jersey defense contractor pleaded guilty to a charge of conspiracy to violate the Arms Export Control Act in U.S. District Court for the District of New Jersey, the Department of Justice said in a news release. Oben Cabalceta owned two New Jersey companies, Owen's Fasteners Inc. and United Manufacturer LLC. Cabalceta admitted to defrauding the Department of Defense by "providing military equipment parts that were not what he had contracted to provide and illegally accessing technical information because he was not a United States citizen," the DOJ said.
Secretary of State Mike Pompeo said that beginning May 2, those who had property seized by the Cuban government after the Communist revolution can sue foreign companies "trafficking in property that was confiscated by the Cuban regime. Any person or company doing business in Cuba should heed this announcement," he said April 17. The right to sue foreign companies had been suspended for more than 20 years, and European diplomats warned Pompeo ahead of the announcement "the extraterritorial application of unilateral restrictive measures, such as the LIBERTAD Act, is contrary to international law." Trade Minister Cecilia Malmstrom said that if he went through with the plan to allow these lawsuits, the EU may launch a World Trade Organization case, and would allow EU companies to file counterclaims in EU courts against Americans bringing suit.
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