On behalf of all of us in the International Trade Practice, we wish you a Happy New Year, and hope that 2011 will bring new opportunities and a revitalized economy.

No doubt, many of you have seen a distinct increase in trade activity in 2010, especially in the last half of the year. Mirroring this rise in economic activity is an increase in policy, legislative and regulatory initiatives. After a relatively calm (if not moribund) nine months, 2010 ended with a flurry of activity. We have the Bureau of Industry and Security and Department of State openly proposing merging export control lists, new import safety rules for food products, Customs and Border Protection suggesting new limits on prior disclosures, the largest set of proposed rule changes for trade litigation (antidumping and countervailing duty) cases in 15 years, a potential breakthrough for an FTA with Korea, and the loss of GSP benefits. Many of these changes will take effect in 2011, and most certainly will affect international business. In our 2011 Issues Preview, we offer a glimpse of some of these changes. We hope this will help you anticipate some of the opportunities and dangers that may emerge during 2011. Please feel free to contact us if you would like further information.

From your friends in the International Trade Group at Arent Fox.

Worksite Enforcement by ICE and Enforcement of Citizenship and National Origin Anti-Discrimination Claims Expected to Increase

The trend of increased worksite enforcement by Immigration and Customs Enforcement (ICE) officials is expected to continue.

For more information, click here.

Upcoming CBP Policy Changes on Prior Disclosure Process Likely to Increase Importer Risks for Customs Penalties

Companies that import into the United States may soon have their ability to avoid customs monetary penalties significantly reduced as a result of new guidelines to be imposed by US Customs and Border Protection (CBP).

For more information, click here.

Is a Korea-US Free Trade Agreement About to Become Reality?

The Korea–US Free Trade Agreement (KORUS) has languished in limbo for more than three years, but recent events suggest a revival of fortunes and the possibility of KORUS actually becoming a reality within the next year.

For more information, click here.

FTZ Board Proposes Significant New Rules

The US Commerce Department’s Foreign Trade Zone Board ushered in 2011 by proposing significant revisions to the Foreign-Trade Zone (FTZ) regulations.

For more information, click here.

Upward Trend in FCPA Enforcement Activity Accelerates

To say that enforcement of the US Foreign Corrupt Practices Act during 2010 was robust understates the current prosecutorial climate and tone within the United States and abroad.

For more information, click here.

Is the Generalized System of Preferences Back in Limbo?

2011 brings ambiguity and anxiety for foreign producers and US importers who rely on the Generalized System of Preferences (GSP) to reduce tariffs on imports goods from eligible developing countries. That is because, at this juncture, there is no GSP program.

For more information, click here.

Export Control Outlook for 2011
 

Export control reform initiatives will continue in 2011, although which significant changes ultimately will be implemented in the short term remains to be seen.

For more information, click here.

Is The AD/CVD Duty Assessment System in Jeopardy in 2011?

The United States uses a retrospective system for assessing and collecting antidumping and countervailing duties (AD/CVD) on imports.

For more information, click here.

Commerce’s AD/CVD Rules in 2011: A Sea of Changes On the Regulatory Horizon

December 2010 brought a tidal wave of regulatory proposals by the US Department of Commerce that would significantly change the rules governing the administration of US antidumping and countervailing duty (AD/CVD) laws.

For more information, click here.

“Public Interest” Factors To Be Required In Section 337 Pleadings

Both for US companies and, increasingly, for foreign-based companies, the US International Trade Commission (ITC) has become the forum of choice for speedy and effective relief against imports infringing on intellectual property rights.

For more information, click here.

President Obama Signs into Law the Food Safety Modernization Act

The long-delayed food safety legislation introduced in the last Congress was signed into law by President Obama on January 4, 2011.

For more information, click here.

The International Trade team at Arent Fox is monitoring these developments and will keep you informed as events develop.