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22 Cards in this Set
- Front
- Back
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what is the essence of a buy america requirement? under what circumstances can this be waived
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The American Recovery and Reinvestment Act (ARRA), commonly referred to as the Stimulus Act,
includes a “Buy America” requirement to help put Americans back to work by ensuring that iron, steel, and other manufactured goods used in infrastructure projects are procured from domestic producers in a manner consistent with U.S. trade obligations. the provision may be waived if the use of domestically- produced goods increases the cost of the overall project by more than 25 percent or if goods are not produced in the United States in “sufficient or reasonably available quantities.” |
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what are elements/requirements for state soverignty
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The core elements of state sovereignty were codified in the 1933 Montevideo Convention on the Rights and Duties of States. They include three main requirements: a permanent population, a defined territory, and a functioning government. An important component of sovereignty has always been an adequate display of the authority of states to act over their territory to the exclusion of other states.
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does participation in wto or IPO compromise US sovereignty?
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Public Procurement: Many international trade agreements, such as CAFTA, severely limit states’ ability to set procurement policies designed to aid in local economic development or to help achieve other worthwhile goals. State and municipal procurement provisions jeopardized by these agreements include: prevailing wage requirements, “buy local” preferences, labeling requirements, recycled content preferences, alternative energy/fuel preferences, “sweatfree” standards, “best value” healthcare requirements and a wide range of other human rights standards.
Services: Many international trade agreements, particularly the WTO’s General Agreement on Trade in Services (GATS), limit states’ ability to make decisions regarding the subsidization and regulation of services such as public education, student financial aid, health care, transportation, gambling, land use, natural resource conservation, libraries, public works and more. Extra-Judicial Challenges: Many international trade agreements, starting with NAFTA, allow foreign investors to directly challenge the laws and regulations of states and municipalities. These “regulatory takings” cases are decided in special trade tribunals that fall outside the jurisdiction of the U.S. court system; American companies doing business in the U.S. do not have access to these tribunals. These cases threaten state environmental protections, land use restrictions, public health standards, food safety regulations and similar policies—even if the regulations in question are applied equally to foreign and domestic companies. |
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What is significance of letters CVOC?
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Classification, valuation, origin, conformity to product standards
Customs is an authority or agency in a country responsible for collecting and safeguarding customs duties and for controlling the flow of goods including animals, personal effects and hazardous items in and out of a country. Depending on local legislation and regulations, the import or export of some goods may be restricted or forbidden, and the customs agency enforces these rules. |
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What is section 301 all about
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"special 301 report" i an anuual review of global state of intellectual property rights protection and enforcement.
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why are nations places on the watch list or priority watch list?
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to relect admin resolve to encourage and maintain effective IPR proteciton and enforcement. , to note serious or growing concerns
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what are section 301 problems with china, russia?
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china: internet priacy, since it has a lot of internet bb and modile users. china doesn't have enough crim porsec against internet and counterfeiting poperations. . retail and wholesale trademark counterfitting against brands. china also has market access barriers that delay legit foreign products.
russia: copyright infringement especially through online piracy and counterfeiting. illegal websites with pirated music, , software piracy, dvds, cds |
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what is the essence of a buy america requirement? under what circumstances can this be waived
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The American Recovery and Reinvestment Act (ARRA), commonly referred to as the Stimulus Act,
includes a “Buy America” requirement to help put Americans back to work by ensuring that iron, steel, and other manufactured goods used in infrastructure projects are procured from domestic producers in a manner consistent with U.S. trade obligations. the provision may be waived if the use of domestically- produced goods increases the cost of the overall project by more than 25 percent or if goods are not produced in the United States in “sufficient or reasonably available quantities.” |
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what are dumping and subisidization?
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dumping: the practice of exporting a product at a price lower than the price that the product normally or regularly, comparably commands in the domestic market or lower than its actual cost to produce.
subsidies can include direct transfers of funds, grants, loans, assistance through loan guarantees, tax credits, or other price or income supports targeting a specific enterprise or industry or a group subsidy is when gov't provides financial assistance to benefit the production, manufacture, or exportation of goods. |
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what are the elements of proof and remedies for dumping and subisidization?
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The International Trade Commission determines whether the domestic industry is suffering material injury as a result of the imports of the dumped or subsidized products. The International Trade Commission considers all relevant economic factors, including the domestic industry's output, sales, market share, employment, and profits. For further information on the International Trade Commission's injury investigation, see http://www.usitc.gov. Both the International Trade Commission and Import Administration must make affirmative preliminary determinations for an investigation to go forward. If a U.S. industry believes that it is being injured by unfair competition through dumping or subsidization of a foreign product, it may request the imposition of antidumping or countervailing duties by filing a petition with both Import Administration and the United States International Trade Commission. Import Administration investigates foreign producers and governments to determine whether dumping or subsidization has occurred and calculates the amount of dumping or subsidies.
If both Commerce and the International Trade Commission make affirmative findings of dumping and injury, Commerce instructs the U.S. Customs Service to assess duties against imports of that product into the United States. The duties are assessed as a percentage of the value of the imports and are equivalent to the dumping and subsidy margins, described above. For example, if Commerce finds a dumping margin of 35%, the U.S. Customs Service will collect a 35% duty on the product at the time of importation into the United States in order to offset the amount of dumping. Information on the U.S. Customs Service may be found at http://www.customs.ustreas.gov. |
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special dumping/subs. issues for planned economies?
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Petitions may be filed by a domestic interested party, including a manufacturer or a union within the domestic industry producing the product which competes with the imports to be investigated. To ensure that there is sufficient support by domestic industry for the investigation, the law requires that the petitioners must represent at least 25% of domestic production. The statute requires the petition to contain certain information, including data about conditions of the U.S. market and the domestic industry, as well as evidence of dumping or unfair subsidization.
Antidumping and countervailing duty trade remedies have been successfully pursued by a variety of domestic industries, including producers of steel, industrial equipment, computer chips, agricultural products, textiles, chemicals, and consumer products. Both the Import Administration and the International Trade Commission have staff available to assist domestic industries in deciding whether there is sufficient evidence to file a petition for antidumping or countervailing duty investigations. The staff may also assist eligible small businesses with the filing process. |
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what are elements/requirements for state soverignty
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The core elements of state sovereignty were codified in the 1933 Montevideo Convention on the Rights and Duties of States. They include three main requirements: a permanent population, a defined territory, and a functioning government. An important component of sovereignty has always been an adequate display of the authority of states to act over their territory to the exclusion of other states.
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does participation in wto or IPO compromise US sovereignty?
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Public Procurement: Many international trade agreements, such as CAFTA, severely limit states’ ability to set procurement policies designed to aid in local economic development or to help achieve other worthwhile goals. State and municipal procurement provisions jeopardized by these agreements include: prevailing wage requirements, “buy local” preferences, labeling requirements, recycled content preferences, alternative energy/fuel preferences, “sweatfree” standards, “best value” healthcare requirements and a wide range of other human rights standards.
Services: Many international trade agreements, particularly the WTO’s General Agreement on Trade in Services (GATS), limit states’ ability to make decisions regarding the subsidization and regulation of services such as public education, student financial aid, health care, transportation, gambling, land use, natural resource conservation, libraries, public works and more. Extra-Judicial Challenges: Many international trade agreements, starting with NAFTA, allow foreign investors to directly challenge the laws and regulations of states and municipalities. These “regulatory takings” cases are decided in special trade tribunals that fall outside the jurisdiction of the U.S. court system; American companies doing business in the U.S. do not have access to these tribunals. These cases threaten state environmental protections, land use restrictions, public health standards, food safety regulations and similar policies—even if the regulations in question are applied equally to foreign and domestic companies. |
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main characteristics requirements for memberships in the WTo. special deals or treament
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non-discrimination, reciprocity, binding and enforceable trade commitments, transparency, safety valves
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stages that accompany a move towards globalization according to ohmae
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exporting, using the distrib system found in host country, """" but SETTING UP that dist. system, manufacturing and dist in the host country, but maintaining ties with ome company, insiderization, becoming just like host country company, fully globalized company where it's hard to ascertain which country.
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use by company of restricted covenant, blue pencil rule
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# The Five Factor test of reasonableness.
"The five factors to be considered in evaluating the reasonableness of a restrictive covenant ancillary to an employment agreement are: 1) the length of time the restriction operates;(2) the geographical area covered; (3) the fairness of the protection accorded to the employer; (4) the extent of the restraint on the employee's opportunity to pursue his occupation; and (5) the extent of interference with the public's interests." Robert S. Weiss & Associates v. Wiederlight, 208 Conn. 525, 529 n.2 (1988). The five factor test is disjunctive, rather than conjunctive; a finding of unreasonableness in any one of the criteria is enough to render the covenant unenforceable. New Haven Tobacco Co. v. Perrelli, 18 Conn. App. 531, 534, cert. denied, 212 Conn. 809 One interpretation of the "blue pencil" rule is that it can only be applied if a restrictive covenant can be made enforceable by striking out language in a contract that makes the restriction unreasonable. See Timenterial, 29 Conn. Sup. at 184-185. Another interpretation of the "blue pencil" rule is that a court can modify a covenant not to compete to make it enforceable when the agreement at issue contains a provision authorizing such a modification. NewInno, Inc. v. Peregrim Development, Inc., 2003 Ct. Sup. |
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types of tarriffs and import of tarriff lists
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There are various types of tariffs:
* An ad valorem tariff is a set percentage of the value of the good that is being imported. Sometimes these are problematic, as when the international price of a good falls, so does the tariff, and domestic industries become more vulnerable to competition. Conversely, when the price of a good rises on the international market so does the tariff, but a country is often less interested in protection when the price is high. They also face the problem of inappropriate transfer pricing where a company declares a value for goods being traded which differs from the market price, aimed at reducing overall taxes due. * A specific tariff, is a tariff of a specific amount of money that does not vary with the price of the good. These tariffs are vulnerable to changes in the market or inflation unless updated periodically. * A revenue tariff is a set of rates designed primarily to raise money for the government. A tariff on coffee imports imposed by countries where coffee cannot be grown, for example raises a steady flow of revenue. * A prohibitive tariff is one so high that nearly no one imports any of that item. * A protective tariff is intended to artificially inflate prices of imports and protect domestic industries from foreign competition (see also effective rate of protection,) especially from competitors whose host nations allow them to operate under conditions that are illegal in the protected nation, or who subsidize their exports. * An environmental tariff, similar to a 'protective' tariff, is also known as a 'green' tariff or 'eco-tariff', and is placed on products being imported from, and also being sent to countries with substandard environmental pollution controls. Most countries have two major tariff lists: Dutiable list for goods subject to customs duties, and a free list for goods permitted to enter free of duty. Depending on the country, goods in the dutiable list may be classified in any one of three different ways. In alphabetical order of name. By the (1) height of the duty, or by the (2) attributes of the goods - for example, the raw materials from which they are made, the use to which the product will be put or (3) degree of processing that has been involved. |
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legality of expropriation
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Legality of expropriation
Property may not be expropriated except for a public purpose on a non-discriminatory basis in accordance with due process of law and against compensation. |
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kelo case vs chrozow factory case
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he Supreme Court's decision in Kelo v. City of New London, 545 U.S. 469 (2005) affirmed the authority of New London, Connecticut, to take non-blighted private property by eminent domain, and then transfer it for a dollar a year to a private developer solely for the purpose of increasing municipal revenues. This 5-4 decision received heavy press coverage and inspired a public outcry that eminent domain powers were too broad.
Shortly after Poland took over Chorzow, a Polish court decreed that land belonging to the German company, Oberschlesische Stickstoffwerrke A.G., be turned over to Poland. Litigation ensued on the question of whether the land was "property" of Germany or if it was privately owned by Oberschlesische Stickstoffwerrke A.G. The dispute eventually reached the P.C.I.J.. The Permanent Court concluded that the land was privately owned, and that Poland had seized private property. The Court stated that "there can be no doubt that the expropriation . . . is a derogation from the rules generally applied in regard to the treatment of foreigners and the principle of respect for vested rights."[17] The Court also spoke to the question of appropriate compensation, stating that "reparation must, as far as possible, wipe out all the consequences of the illegal act and reestablish the situation which would, in all probability, have existed if that act had not been committed."[18] Thus, the Permanent Court enunciated the then existing international law -- expropriations were not permitted and if they occurred, full compensation must be paid. |
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criteria for pres to waive rules for special tariff treatment for developing nations
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`(a) IN GENERAL- The President may proclaim special tariff treatment for goods produced by one or more qualified cooperative enterprises in any nonmarket economy country that is not eligible for commercial benefits with the United States, if the President considers that such treatment will serve to encourage that country to implement such changes as are necessary to enable the country to become eligible for such benefits.
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what is a developing or transation couintry
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hdi gdp, ppp
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unfair trade practices or validity of product standards.
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prohibition of product standards that could create “an unnecessary obstacle to international trade.”
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