United States v. Am Home Assurance Co.

Court: U.S. Court of Appeals for the Federal Circuit Docket: 14-1292	Opinion Date: June 17, 2015
Areas of Law: Civil Procedure, International Trade

Following a 1996 investigation, the Department of Commerce declared that freshwater crawfish tail meat imported from China was subject to antidumping duties. In 2001, JCOF imported that product from Yangzhou, which qualified as a “new exporter” under 19 U.S.C. 1675(a)(2)(B). JCOF obtained, from AHAC , a one-year, continuous $600,000 bond, 19 U.S.C. 1675(a)(2)(B)(iii), made two entries from Yangzhou, and declared a 0% duty rate, the deposit rate then in effect for shipments by Yangzhou. Commerce conducted administrative review of 2001-2002 entries; the final results assigned Yangzhou a 223.01% rate. Customs liquidated the entries and billed JCOF, which failed to pay. Customs sought payment from AHAC, which filed protest. Another exporter challenged Commerce’s 2004 administrative review. Following dissolution of a resultant injunction, which had not applied to Yangzhou, Customs nonetheless reliquidated JCOF’s entries, issued new bills, and denied AHAC’s protest. AHAC did not appeal, but filed another protest, which was denied. Customs demanded $1,157,898.22. AHAC asserted that the collection action was moot because the erroneous reliquidations voided the previous liquidations, so that no valid liquidation occurred and the entries should be deemed liquidated under 19 U.S.C. 1504(d) at the initially-declared 0% rate. The Court of International Trade and Federal Circuit held that AHAC was obligated to pay. The reliquidations voided the original liquidations, but AHAC failed to preserve its rights by timely litigation; the reliquidations became final, “whether legal or not.” The court remanded the issues of equitable and statutory prejudgment interest.

International Trade - Apex Exports v. United States

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U.S. Court of Appeals for the Federal Circuit

The Commerce Department determined that shrimp imported from India were being sold in the U.S. at less than fair market value. During administrative review of that anti-dumping order, shrimp exporters Apex and Falcon were selected as individual respondents. Commerce assessed 2.31% and 1.36% dumping margins by calculating the export price, starting with the packed price of shrimp charged to the first unaffiliated U.S. purchaser, then deducted expenses (19 U.S.C. 1677a(c)(2)(A)), including: foreign inland freight expenses, export inspection agency fees, foreign brokerage and handling expenses, foreign miscellaneous shipment charges, international freight expenses, terminal handling charges, marine insurance expenses, U.S. customs duties (including harbor maintenance fees and merchandise processing fees), U.S. brokerage and handling expenses, and U.S. inland freight expenses. Neither importer made sufficient sales in India during the review period for proper comparison with U.S. sales. Commerce compared the United Kingdom for Apex, and Japan, for Falcon. The companies ship to those countries, only covering costs necessary to deliver merchandise to the named destination port. For shipments to the U.S., they pay costs associated with importation, including duties and complying with customs formalities. Domestic shrimp producers challenged the dumping margins, arguing that the export price of the merchandise should be recalculated by deduction of the amount of anti-dumping duties assessed and paid on their exports, to increase the dumping margins. The Court of International Trade and the Federal Circuit affirmed.

INTERNATIONAL TRADE: Executive Order -- Imposing Additional Sanctions w...

INTERNATIONAL TRADE: Executive Order -- Imposing Additional Sanctions w...:                                                      LAW  OFFICES OF NORKA M. SCHELL, LLC 11 Broadway, Suite 615 New York, NY 10004 ...

                                                    

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New York, NY 10004

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The following are the new sanctions which the Obama administration imposed on the North Korea government as part of what it described as a broader attempt to tackle threats to U.S. cyber-security.

For Immediate Release

January 02, 2015

Executive Order -- Imposing Additional Sanctions with Respect to North Korea

EXECUTIVE ORDER

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IMPOSING ADDITIONAL SANCTIONS WITH RESPECT TO NORTH KOREA

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), section 212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code; and in view of United Nations Security Council Resolution (UNSCR) 1718 of October 14, 2006, UNSCR 1874 of June 12, 2009, UNSCR 2087 of January 22, 2013, and UNSCR 2094 of March 7, 2013,

I, BARACK OBAMA, President of the United States of America, find that the provocative, destabilizing, and repressive actions and policies of the Government of North Korea, including its destructive, coercive cyber-related actions during November and December 2014, actions in violation of UNSCRs 1718, 1874, 2087, and 2094, and commission of serious human rights abuses, constitute a continuing threat to the national security, foreign policy, and economy of the United States, and hereby expand the scope of the national emergency declared in Executive Order 13466 of June 26, 2008, expanded in scope in Executive Order 13551 of August 30, 2010, and relied upon for additional steps in Executive Order 13570 of April 18, 2011. To address this threat and to take further steps with respect to this national emergency, I hereby order:

Section 1. (a) All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: any person determined by the Secretary of the Treasury, in consultation with the Secretary of State:

(i) to be an agency, instrumentality, or controlled entity of the Government of North Korea or the Workers' Party of Korea;

(ii) to be an official of the Government of North Korea;

(iii) to be an official of the Workers' Party of Korea;

(iv) to have materially assisted, sponsored, or provided financial, material, or technological support  for, or goods or services to or in support of, the Government of North Korea or any person whose property and interests in property are blocked pursuant to this order; or

(v) to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, the Government of North Korea or any person whose property and interests in property are blocked pursuant to this order.

(b) The prohibitions in this order apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the effective date of this order.

Sec. 2. I hereby determine that the making of donations of the type of articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to section 1 of this order would seriously impair my ability to deal with the national emergency declared in Executive Order 13466, and I hereby prohibit such donations as provided by section 1 of this order.

Sec. 3. The prohibitions in this order include but are not limited to:

(a) the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to this order; and

(b) the receipt of any contribution or provision of funds, goods, or services from any such person.

Sec. 4. I hereby find that the unrestricted immigrant and nonimmigrant entry into the United States of aliens determined to meet one or more of the criteria in section 1(a) of this order would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants or nonimmigrants, of such persons. Such persons shall be treated as persons covered by section 1 of Proclamation 8693 of July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations Security Council Travel Bans and International Emergency Economic Powers Act Sanctions).

Sec. 5. (a) Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions set forth in this order is prohibited.

(b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited.

Sec. 6. For the purposes of this order:

(a) the term "person" means an individual or entity;

(b) the term "entity" means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization;

(c) the term "United States person" means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States; and

(d) the term "Government of North Korea" means the Government of the Democratic People's Republic of Korea and its agencies, instrumentalities, and controlled entities.

Sec. 7. For those persons whose property and interests in property are blocked pursuant to this order who might have a constitutional presence in the United States, I find that because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would render those measures ineffectual. I therefore determine that for these measures to be effective in addressing the national emergency declared in Executive Order 13466, there need be no prior notice of a listing or determination made pursuant to section 1 of this order.

Sec. 8. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA, as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government consistent with applicable law. All agencies of the United States Government are hereby directed to take all appropriate measures within their authority to carry out the provisions of this order.

Sec. 9. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

BARACK OBAMA

INTERNATIONAL TRADE: U.S.-Cuban Relations in the 21st Century.

INTERNATIONAL TRADE: U.S.-Cuban Relations in the 21st Century.: President Obama Delivered a Statement on Cuba "We are separated by 90 miles of water, but are brought together through shared r...

U.S.-Cuban Relations in the 21st Century.

President Obama Delivered a Statement on Cuba

"We are separated by 90 miles of water, but are brought together through shared relationships and the desire to promote a democratic, prosperous, and stable Cuba. President Obama is taking action to cut loose the anchor of failed policies of the past, and to chart a new course in U.S. relations with Cuba that will engage and empower the Cuban people.

A Failed Approach

Decades of U.S. isolation of Cuba have failed to accomplish our objective of empowering Cubans to build an open and democratic country. At times, longstanding U.S. policy towards Cuba has isolated the United States from regional and international partners, constrained our ability to influence outcomes throughout the Western Hemisphere, and impaired the use of the full range of tools available to the United States to promote positive change in Cuba. Though this policy has been rooted in the best of intentions, it has had little effect – today, as in 1961, Cuba is governed by the Castros and the Communist party.

We cannot keep doing the same thing and expect a different result. It does not serve America’s interests, or the Cuban people, to try to push Cuba toward collapse. We know from hard-learned experience that it is better to encourage and support reform than to impose policies that will render a country a failed state. We should not allow U.S. sanctions to add to the burden of Cuban citizens we seek to help.

Next Steps, New Course

Since the President took office in 2009, he has taken steps to support the ability of the Cuban people to gain greater control over their own lives and determine their country’s future.

Now, the President is taking the next steps to renew our leadership in the Americas, end our outdated approach on Cuba, and promote more effective change that supports the Cuban people and our national security interests."

DOING BUSINESS IN AFRICA CAMPAIGN

The White House  Press Secretary 

Release

August 05, 2014

FACT SHEET: The Doing Business in Africa Campaign

Through the Doing Business in Africa (DBIA) Campaign, the U.S. government is strengthening its commercial relationship with the continent of Africa, a diverse region that offers substantial trade and investment opportunities across national and regional markets.  With a 5.4 percent growth rate predicted for 2014, Africa is outpacing global growth.  U.S. goods and services exports to Africa reached a record high of $50.2 billion in 2013, up 40 percent since 2009.  These exports supported 250,000 U.S. jobs. 

New Commitments to Significantly Expand the DBIA Campaign

At today’s U.S.-Africa Business Forum, President Obama announced $7 billion in new financing to promote U.S. exports to and investments in Africa under the DBIA Campaign.  U.S. companies announced new deals in clean energy, aviation, banking, and construction worth more than $14 billion, in addition to $12 billion in new commitments under the President’s Power Africa initiative from private sector partners, the World Bank, and the government of Sweden.  Taken together, these new commitments amount to more than $33 billion, supporting economic growth across Africa and tens of thousands of U.S. jobs.

The DBIA Campaign encourages U.S. commercial engagement in Africa by harnessing the resources of the U.S. government to assist businesses in identifying and seizing opportunities and to engage with members of the African Diaspora in the United States.  The DBIA Campaign, which was launched in November 2012, has four main objectives:

• Connect American Businesses with African Partners
• Support Existing and New American Investment in Africa
• Expand Access for American Businesses to Finance Their Exports to Africa
• Reduce Barriers to Trade and Investment in Africa

The U.S. government’s newly announced two-year commitments to support the DBIA Campaign are provided below. 

An Executive Order to Create a President’s Advisory Council on Doing Business in Africa

Today the President signed an Executive Order (E.O.) to promote broad-based economic growth in the United States and in Africa by encouraging U.S. companies to trade with and invest in Africa. 

The E.O. directs the Secretary of Commerce to establish a President’s Advisory Council on Doing Business in Africa that will be comprised of not more than 15 members from the private sector, including small business.  The Advisory Council will provide information, analysis, and recommendations to the President, through the Secretary of Commerce, including on developing strategies for creating jobs in the United States and Africa through trade and investment; developing strategies by which the U.S. private sector can identify and take advantage of trade and investment opportunities in Africa; and building lasting commercial partnerships between the U.S. and African private sectors.

New U.S. Government Resources to Support U.S. Exports and Investment in Africa

Interagency Initiatives

• The Principals of the Export-Import Bank of the United States (Ex-Im Bank), the Millennium Challenge Corporation (MCC), the Overseas Private Investment Corporation (OPIC), the U.S. Agency for International Development (USAID), and the U.S. Trade and Development Agency (USTDA) will mobilize private capital for Africa’s infrastructure through a series of at least three outcome-oriented roundtables in Africa that will advance project- and sector-specific investment opportunities and needed regulatory reforms.  These agencies will implement the initiative in coordination with DBIA Campaign agencies, African governments, and the U.S. and African private sectors.
• 
  
• The U.S. Department of Commerce and USTDA launched the 20x20 Initiative to support a total of 20 trade and reverse trade missions by 2020, to promote U.S. industry engagement in Africa.  Working with federal, state, and local government partners, these missions will foster U.S. business partnerships with key African stakeholders.
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• The Small Business Administration (SBA) and Ex-Im Bank will collectively support 50 DBIA Campaign-themed activities and outreach sessions over the next two years to facilitate U.S. trade finance, provide counseling and training on their programs, and conduct business development to support U.S. exporters, particularly small- and medium-sized enterprises.

U.S. Export-Import Bank

• Ex-Im Bank will commit up to $3 billion in financing to support U.S. exports to Africa over the next two years.  This is in addition to Ex-Im Bank’s existing commitments of $5 billion for Power Africa and a planned commitment of $1 billion to support U.S. exports in connection with new and ongoing Angolan infrastructure projects (through the Angolan Ministry of Finance).
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• Ex-Im Bank will commit $563 million in financing to support the sale of General Electric locomotives to Transnet, South Africa’s largest integrated freight transport company. Major components of the locomotives will be manufactured at GE’s facilities in Erie, PA and Grove City, PA supporting an estimated 2,500 American jobs.

Millennium Challenge Corporation

• MCC will commit up to $2 billion in funding for new compacts in Africa that facilitate private sector-led economic growth and poverty reduction, creating potential opportunities for U.S. companies.  This commitment includes $498 million over the next five years to support the turnaround of Ghana’s electricity sector and stimulate private investment.  This Compact represents an example of the catalytic impact of Power Africa interventions which will help create the enabling environment to catalyze billions of dollars of private investment in Ghana.
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• MCC will also lead its first ever investment mission to Africa to introduce U.S. businesses to the opportunities for investing in and around its Compacts.  In addition, MCC will hold at least eight Procurement Promotion sessions with U.S. companies to promote Compact contracting opportunities and developing five Trade and Investment Prospectuses, one for each new Compact in Africa, that outline the specific business opportunities that are expected to arise from MCC’s investments. 

Overseas Private Investment Corporation

• OPIC will commit up to $1 billion in financing and insurance support to catalyze private sector investments in Africa.  This is in addition to OPIC’s existing $1.5 billion Power Africa commitment.  OPIC reaffirmed its plan to place personnel on the ground in sub-Saharan Africa to help facilitate increased U.S. trade and investment and will support an investment mission to the region, with a focus on the power sector.
• 
  
• OPIC will coordinate approximately a dozen U.S. government meetings on August 6, 2014, for U.S. and African private sector investors and project developers to discuss discrete transactions for financing support consideration to OPIC, as well as other DBIA investment agencies.

U.S. Trade and Development Agency (USTDA)

• USTDA, in cooperation with the U.S. Department of Energy and U.S. Department of Transportation, hostedtwo African Leaders Visits in association with the U.S.-Africa Leaders Summit.  These reverse trade missions highlighted the United States’ experience fostering economic growth through strategic infrastructure investments in the energy and transportation sectors. 
• 
  
• USTDA announced it will partner with the Air Traffic and Navigation Services Company of South Africa to evaluate satellite-based automatic dependent surveillance-broadcast across the African continent, the implementation of which will improve air traffic safety and create over $100 million in U.S. export opportunities.
• 
  
• USTDA reaffirmed its plan to have local representation in Nigeria for the first time.

U.S. Department of Agriculture (USDA)

• USDA’s Commodity Credit Corporation will make available up to $1 billion in financing guarantees available for agricultural exports to Africa over the next two years.  USDA also will conduct outreach seminars to Africa in 2015 to promote the use of its credit guarantee program for the export of U.S. agricultural products.

U.S. Department of State

• The U.S. Department of State intends to commit $10 million toward the expansion of the U.S.-Africa Clean Energy Finance Initiative (US-ACEF), which aligns USTDA’s project planning expertise and OPIC’sfinancing and risk mitigation tools in new ways, to support private sector investment and increase support for U.S. businesses and exports in sub-Saharan Africa’s clean energy sector.
• 
  
• The U.S. Department of State will sponsor a medical technology trade mission to sub-Saharan Africa led by a senior State Department official.

U.S. Department of Commerce

• The U.S. Department of Commerce reiterated its commitment to double its presence in sub-Saharan Africa by opening new offices in Angola, Tanzania, Ethiopia, and Mozambique, while expanding its operations in Ghana, and re-establishing a position at the African Development Bank.
•  
• The U.S. Department of Commerce will host its next Trade Winds Conference and Mission in Africa in 2015.  The Trade Winds program brings hundreds of U.S. companies to a region to hear about opportunities, meet one-on-one with Africa businesses, and get counseling from U.S. Commercial Service officers.  Past Trade Winds have been held in Asia and Latin America and resulted in over $100 million in deals at each event.
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• The U.S. Department of Commerce launched a One-Stop-Shop website (www.trade.gov/DBIA) to offer American businesses and entrepreneurs a convenient instant access to critical African market information, financing tools available to them, projects to consider, key contacts, and much more.
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• To celebrate the second anniversary of the DBIA Campaign, the U.S. Department of Commerce will host a “Discover Sub-Saharan Africa” conference in Atlanta on November 4-6, 2014.  Its Minority Business Development Agency (MBDA) will join the Constituency for Africa in hosting a “Doing Business in Africa” workshop in October to promote business and trade opportunities in Africa and resources for reaching the African marketplace.  MBDA also committed to host a U.S.-Africa Investors Forum on August 6, 2014, in association with the U.S.-Africa Leaders Summit.
• 
  
• Through its Global City Teams Program, the National Institute of Standards and Technology, in partnership with the U.S. private sector, will target at least 25 African metropolitan areas to join their counterparts worldwide in an interactive platform to accelerate smart city and smart grid goals.

U.S. Agency for International Development (USAID)

• USAID will commit to a bond guarantee through its Development Credit Authority that will allow Dakar, Senegal, to issue the first ever non-sovereign backed municipal bond in sub-Saharan Africa outside of South Africa (with technical assistance support from the Bill & Melinda Gates Foundation).  The guarantee will enable the city to raise $41.8 million on the regional stock exchange.  In addition, USAID guaranteed transactions are expected to mobilize $381 million in new private sector lending to small and medium enterprises across the continent. 
• 
  
• USAID will launch the Africa Private Capital Group – a platform in South Africa to mobilize U.S., South African, and international private sector investment in key sectors to development, including agriculture, energy, trade, infrastructure, and health.
• 
  
• USAID will upgrade its existing African Trade Hubs into “U.S.-African Trade and Investment Hubs” that will now create new opportunities for U.S. investment in and exports to Africa.  These hubs are located in Accra, Ghana, Nairobi, Kenya, and Gabarone, Botswana, and cover the West Africa, East Africa, and Southern Africa regions, respectively. 
• 
  
• USAID will roll out its Benchmarking the Business of Agriculture (BBA) project this fall, to assesses the ease of doing business and investing in Africa’s agriculture. The BBA provides businesses worldwide with objective information on a country’s ease of doing business in agriculture.

U.S. Department of Transportation

• The U.S. Department of Transportation announced that Secretary Anthony Foxx will lead a transportation mission to Africa in early 2015, to discuss opportunities for improving regional connectivity, promoting safety and efficiency, and sharing best practices on increasing investment in transportation infrastructure.
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• The U.S. Department of Transportation launched its Tomorrow’s Transportation Leaders initiative, which will include up to five workshops over the next two years to engage 100 young African transportation professionals on adopting U.S. best practices.  The workshops will address transportation policies and regulatory framework, transportation investment planning, and the efficient management of transportation systems.

• The U.S. Department of Transportation intends to direct $1 million toward strengthening civil aviation safety through the Safe Skies for Africa program.

U.S. Department of Energy

• The U.S. Department of Energy will support the “Clean Energy Solutions Center,” a multilateral initiative of the Clean Energy Ministerial to connect policymakers in Africa with clean energy experts and best practice resources.  The Clean Energy Solutions Center is a web-based resource that draws on knowledge from global experts to help governments design and adopt policies and programs that support the deployment of clean energy technologies.  Through the partnership, the Solutions Center will provide expert policy consultations free of charge to Power Africa countries in response to requests received.

Office of the United States Trade Representative

• On August 5, USTR signed at its headquarters a new Trade and Investment Framework Agreement with the Economic Community of West African States (ECOWAS) to provide a coordinated mechanism for engaging on trade and investment issues with the 15 West African countries that are part of ECOWAS.