Material on AD/CVD Federal Procedure: Lawyer’s Edition – OCU Reference Westlaw (FEDPROC) 37:644 An anti-dumping countervailing duty handbook, guidelines for hearings, timetables for investigations and administrative orders issues in AD/CVD cases is accessible from the website.
Significant U.S.Trade Laws Tariff Act of 1930 (Smoot-Hawley Tariff Act) Trade Act of Acts Omnibus Trade and Competitiveness Act of 1988 Continued Dumping and Subsidy Offset Act of 2000 (Byrd Amendment )
Important Governmental Organs Congress Executive –Department of Commerce International Trade Administration
Determining Tariffs and Taxes
Browse the HTS (Schedule B)
Wooden furniture of a kind used in the bedroom
Step 2: Determine Country Tariff Info and Tax Info Notice that Germany also uses the HTS so furniture is easily found under chapter 94.
EU Import Duties ? Taxes?
No duties but a 16% VAT
Importing into the US
Important Governmental Organs Congress Executive –Department of Commerce International Trade Administration –Treasury > Customs (freight forwarder) –International Trade Commission –United States Trade Representative
US Customs - CROSS Database of customs rulings
International Trade Commission
US Trade Representative Lists trade agreements the US is a party to. Dispute Settlement section give summary of pending actions. Publishes: Trade Policy Agenda and Annual Report of the President of the United States.
What if there is a dispute? Arbitration Administrative Agencies –Customs –International Trade Commission Federal Procedure 37:644 Court of International Trade Court of Appeals for the Federal Circuit
Research Strategy – US Trade Law ID Relevant Statutes (use annotations) ID Relevant Agencies –Use Agency Website –Federal Procedure Lawyer’s Edition Be aware of US’s International Obligations –USTR’s Report (http://www.ustr.gov/)http://www.ustr.gov/ Case Law (admin agencies & specialized cts.) Secondary Sources (Restatement) Current Events
Documentary Sales Transaction Image from International Business Transactions In a Nutshell, pp. 128.
CISG - Contracting States
Interpreting the CISG – Article 7(1) 7(1) In the interpretation of this convention, regard is to be had to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade.
Suggested Methodology for Interpreting the CISG Text of the CISG Travaux Comparative Law to see the meaning of a term in the Contracting States Do not use normal means of interpreting international treaties Schlechtreim Treatise pp
7(2) Questions concerning matters governed by this Convention which are not expressly settled in it are to be settled in conformity with the general principles on which it is based or, in the absence of such principles, in conformity with the law applicable by virtue of the rules of private international law. Interpreting the CISG – Article 7(2) Gap Filling
7(2) Gap Filling General Principles –As defined by Kritzer (pp ) –UNIDROIT’s Uniform Law on the International Sale of Goods –UNIDROIT’s Principles of International Commercial Contracts
7(2) Gap Filling Rules of Private International Law?
CISG Research Strategy Kritzer, Guide to Practical Application of the CISG. Schlechtriem, Commentary on the UN Convention Travaux Cases – Pace and CLOUT Databases
Pace’s CISG Database
2) Bill of Lading Federal Bill of Lading Act, 49 U.S.C.A. § (governs transferability) Harter Act, 46 U.S.C.A. § (governs form and content) Carriage of Goods by Sea Act, 46 U.S.C.A. § (governs form and content)
3) Letter of Credit Governed by: -UCC Article 5 -International Chamber Commerce’s Uniform Customs and Practices for Documentary Credits (UCP)
Other Shipping Documents Certificate of Origin Commercial Invoice Policy of Marine Insurance Certificate of Inspection Import License Certificate of Origin OUR FREIGHT BROKER WILL TAKE CARE OF ALL OF THIS!
Images of shipping documents #Documentationhttp://www.unzco.com/basicguide/c10.html #Documentation