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With the intensified focus on antiterrorism in US trade policy -- and the transfer of the Customs Service from the US Treasury Department to the Department of Homeland Security as the Bureau of Customs and Border Protection -- traditional ways of thinking about customs and trade law are now out of date. In light of the war on terrorism and the emphasis on border security, businesses engaged in the cross-border exchange of goods face a multitude of new laws and initiatives -- in addition to the traditional array of responsibilities required by the US Bureau of Customs and Border Protection and Immigration and Customs Enforcement. While these regulations are intended to strengthen border security, without careful planning they may have the unfortunate result of hindering the efficient movement of goods. In addition to updated customs forms and helpful appendices, this third edition covers the burgeoning area of free trade agreements between the US and countries around the globe. These agreements are a critical aspect of US bilateral trade relations, affecting not only duty rates but also rules of origin and policies on investment, trade in services and access to Government procurement markets. In sum, this book is an invaluable tool for a host of international trade professionals including in-house counsel dealing with import-export issues, corporate logistic managers, regulatory and compliance managers, and import-export specialists.
The Customs Modernization Act has resulted in major changes To The U.S. Customs Laws, creating new standards that require importers and exporters to use `reasonable care' and to engage in `informed compliance'. Ignorance of customs laws and procedures will no longer operate as a defense against fines and penalties. The new law puts an affirmative duty on importers, exporters, and their representatives to learn the new laws and procedures and how to adhere to them. This new book is essential for all business executives, customs brokers, corporate counsel of international companies, and legal practitioners who need a clear and comprehensive guide to U.S. customs and trade laws so that they can protect themselves and their clients involved in the transport of goods across country lines or the subsequent receipt of same.
With the intensified focus on antiterrorism in US trade policy — and the transfer of the Customs Service from the US Treasury Department to the Department of Homeland Security as the Bureau of Customs and Border Protection — traditional ways of thinking about customs and trade law are now out of date. In light of the war on terrorism and the emphasis on border security, businesses engaged in the cross-border exchange of goods face a multitude of new laws and initiatives — in addition to the traditional array of responsibilities required by the US Bureau of Customs and Border Protection and Immigration and Customs Enforcement. While these regulations are intended to strengthen border security, without careful planning they may have the unfortunate result of hindering the efficient movement of goods. In addition to updated customs forms and helpful appendices, this third edition covers the burgeoning area of free trade agreements between the US and countries around the globe. These agreements are a critical aspect of US bilateral trade relations, affecting not only duty rates but also rules of origin and policies on investment, trade in services and access to Government procurement markets. In sum, this book is an invaluable tool for a host of international trade professionals including in-house counsel dealing with import-export issues, corporate logistic managers, regulatory and compliance managers, and import-export specialists.
"The research strategy, concepts, and methodologies developed in this book repay careful consideration not only for fruitful deployment to examine dynamics of health and intelectual property in other regions, but also for generating innovative insights in other fields of global regulatory governance"--Foreword.
Michael Likosky examines the continuities and discontinuities between colonial and present-day high tech transnational legal orders. His concern is specifically with the colonial characteristics of the legal order which underpins the global high tech economy. He distinguishes the democratic and human rights rhetoric of this economy from a reality wherein the legal order is often used to reproduce colonial-type relationships. Just as in the colonial period, the expansion of trans-border commerce overlaps with democratic demands and human rights in complex, multifaceted and paradoxical ways. Through a case study looking at Malaysia's Multimedia Super Corridor, a high tech national development plan and foreign direct investment scheme, he examines how the transnational leaders of the high tech economy along with the Malaysian political elite react when human rights problems threaten to derail commercial plans.
Among restrictions on imports, safeguard measures are particularly controversial in that they are invoked in the absence of any unfair trade practice. Safeguards interfere substantially with the normal stream of trade, and their improper application undermines the objectives of the WTO. Recent WTO cases have brought the attention of trade lawyers to the absence of comprehensive materials on this complex subject, and highlighted the need for a reliable guide to the WTO rules on safeguards. Dr. Y.S. Lee, perhaps the world's foremost authority on safeguard measures, has provided such a guide, here updated in its second edition. Readers may expect from this book comprehensive coverage on safeguards to date with legal analysis of the important issues in the interpretation and application of the current rules on safeguards. The author also proposes modifications to enhance and clarify the discipline of safeguards. The crucial issues raised include the following: economic and political justifications of safeguards;applicability of GATT Article XIX;interpretation and application of the Agreement on Safeguards, including non-discriminatory application of safeguards and justification of safeguards-in-response;transitional product-specific safeguard measures against China; andemergency safeguards to trade in services. The focus of the book is on the WTO Agreement on Safeguards, as interpreted by WTO Panel and Appellate Body reports in key cases, including Korea Dairy Products, Argentina Footwear, United States Wheat Glutten, United States Lamb Meat, Chile Price Band System, United States Line Pipe and United States Steel Products. Dr. Lee summarizes the various key findings and provides lucid and well-balanced analysis of these reports. Other WTO rules considered include GATT Articles XIX, XII, and XVIII; the Understanding on Balance of Payments of the GATT 1994; the Agreement on Agriculture; the Agreement on Textile and Clothing; Article XII of the General Agreement on Trade in Services (GATS); and the Protocol on the Accession of the People's Republic of China. Safeguard Measures in World Trade comes at a time when safeguard measures continue to mount in various parts of the world and a possible domino effect can destabilize the international trading system. It will be of inestimable value to government officials, trade lawyers, international business people, and academics in trade law and related fields.
This book is a comprehensive yet concise handbook for exporters to the United States. It explains in one easy-to-read text, the ABC's of U.S. customs laws and related import trade laws. No exporter or counsel can afford to be without this handy guide. The growing complexity of U.S. customs laws, the pending conversion to the harmonized code as well as certain pending court cases and legislation make this book essential for exporting firms and their counsels wishing to avoid costly customs problems.