The Department of Agriculture (USDA)-issued country of origin labeling (COOL) regime on foreign meat products and livestock is set to face critical legal tests both domestically and internationally in the coming days and weeks. Canada will likely seek to establish a WTO compliance panel over the most recent COOL iteration, issued by the USDA's Agriculture Marketing Service on May 23, when the WTO Dispute Settlement Body (DSB) reconvenes Sept. 25, said industry officials and lawyers. On Aug. 30, the U.S. rejected a Canadian request to establish another compliance panel in the dispute (here). Industry officials and lawyers said WTO procedure permits a party to reject on only one occasion.
The U.S. and Association of Southeast Asian Nations (ASEAN) will continue to implement the ASEAN-US Trade and Investment Framework Arrangement (TIFA) and Expanded Economic Engagement (E3) programs, according to a statement (here) released on Aug. 21 by United States Trade Representative (USTR) Michael Froman and ASEAN economic ministers following a summit in Brunei. The statement said total merchandise trade between the U.S. ASEAN registered at $200.2 billion in 2012, noting the U.S. maintains its position as ASEAN’s fourth largest trade partner. Froman also met with Indian Minister of Commerce and Industry Anand Sharma to discuss bilateral trade and investment between the U.S. and India, according to a separate press release (here).
As U.S. Trade Representative (USTR) Michael Froman lands in Brunei on Aug. 20 to meet high-level ministers on the sidelines of the 19th round of Trans-Pacific Partnership (TPP) talks, the Obama Administration continues to wage a battle over “yarn forward” rule of origin for apparel that some industry players argue jeopardize U.S. market access efforts elsewhere in bilateral negotiations with Vietnam. The USTR is targeting the end of 2013 for conclusion of negotiations among all the 12 nations engaged in talks, including the recent entry of Japan.
The International Trade Commission its publishing its notice of a limited exclusion order and cease and desist order against some Samsung mobile devices that infringe Apple’s patents in the Aug. 15 Federal Register. The commission issued the orders on Aug. 9 (see 13081202). Lawyers previously told us they believed the Samsung import bans won’t be affected by U.S. Trade Representative Michael Froman's veto of an ITC ruling that would have banned early-model Apple iPhones and iPad (see 13080814). The patents involved in this case aren’t standard-essential patents (SEPs). The ITC is setting bond at 1.25 percent of the entered value of infringing Samsung mobile devices during the 60-day period for USTR to review the import ban.
The U.S. Trade Representative's (USTR) decision to overturn an International Trade Commission ruling surprised the patent litigation community, members of which said the decision could have substantial implications for cases on standard essential patents (SEPs) at the ITC. But lawyers said the case was unlikely to have a major impact on the bulk of the ITC's caseload, or on its larger role in patent litigation. They said the ban would likewise not impact two connected patent disputes between Apple and Samsung that are set to advance Aug. 9. Industry analysts told us the USTR decision would create more uncertainty in the industry, but wouldn't overwhelmingly affect any one company's business model.
While the decision to rescind General System of Preferences (GSP) status for Bangladesh is considered to be largely symbolic, the change is expected to reverberate among the U.S. business community, observers say. Although individual U.S. interests vary depending on scope and scale of specific relationships with Bangladeshi manufacturers, some U.S. importers will likely be forced to foster different manufacturing sources in the coming months. The United States Trade Representative (USTR) decided in late June to rescind GSP status for the South Asian nation (see 13062820) following a series of labor disasters in Bangladesh over the past year, culminating in the April 24 Rana Plaza factory fire that claimed nearly 1,200 lives
A majority of stakeholders urged caution in possibly extending Generalized System of Preferences benefits to Myanmar (Burma) in comments filed us the U.S. Trade Representative (USTR). They said the country’s progress towards good governance, while admirable, is tenuous and remains fraught with concerns over worker’s rights and military power. The USTR posted comments on its review to extend GSP to Myanmar (Burma) and Laos May 22. USTR is holding a public hearing in connection with its review June 4 (see 13041521).
Trade Promotion Authority is essential to securing passage of the Trans Pacific Partnership, and despite House Ways and Means staff efforts to craft a TPA bill, the Fast Track negotiating authority won’t be realized without Presidential leadership, a group of former U.S. Trade Representatives said May 20. While TPP negotiations are complex -- tackling special interests like dairy and sugar, as well as the potential inclusion of Japan -- the talks can be completed by the October deadline, the former officials said at a panel during the U.S. New Zealand Pacific Partnership Forum. Without Fast Track negotiating authority, however, that’s unlikely to happen, they said.
Promoting the free flow of data and better understanding of U.S. privacy standards should be priorities for the Office of the U.S. Trade Representative in trade negotiations with the EU, trade associations said in response to a call from the USTR for comments on an upcoming trade negotiation between the U.S. and the EU. Public Knowledge advocated that the negotiations -- named the Transatlantic Trade and Investment Partnership Agreement (TTIP) -- remain open and not interfere with U.S. copyright law reform.
President Obama nominated his law school classmate and current Deputy National Security Advisor Mike Froman to be the next U.S. Trade Representative, and longtime fundraiser Penny Pritzker, billionaire and Hyatt Hotels family descendant, to be Commerce Secretary May 2.