The State Department has issued a press release announcing that the U.S. is pleased that the United Nation's 1718 Sanctions Committee designated a number of individuals, entities and goods related to North Korea's nuclear, ballistic missile, and other WMD-related programs of proliferation concern, thereby making them subject to the sanctions measures adopted by the Security Council in resolutions 1718 and 1874. The entities and individuals will now be subject to an asset freeze, and the individuals will also be subject to a travel ban. Further, this decision expands the list of goods related to the DPRK's missile related programs banned for export or import. (State Dept press release, dated 07/16/09, available at http://www.state.gov/r/pa/prs/ps/2009/july/126147.htm.)
A federal judge dismissed insider-trading charges against HDNet Chairman Mark Cuban but gave the SEC another 30 days to amend its complaint and file again. The SEC alleged that Cuban dodged $750,000 in losses on his investment in Mamma.com because he sold his shares based on confidential information that the company would soon make a move that would dilute shareholders’ value (CED Nov 18 p5). “Cuban cannot be held liable under the misappropriation theory of insider trading liability, even accepting all well- pleaded facts as true and viewing them in the light most favorable to the SEC,” Judge Sidney Fiztwater wrote. If the SEC can show in 30 days that Cuban “undertook a duty, expressly or implicitly, not to trade on or otherwise use material, non public information” about the event that triggered the charges, then the case can proceed, the judge wrote. Otherwise it will be dismissed with prejudice.
A federal judge dismissed insider trading charges against HDNet Chairman Mark Cuban but gave the SEC another 30 days to amend its complaint and file again. The SEC alleged that Cuban dodged $750,000 in losses on his investment in Mamma.com because he sold his shares based on confidential information that the company would soon make a move that would dilute shareholders’ value (WID Nov 18 p6). “Cuban cannot be held liable under the misappropriation theory of insider trading liability, even accepting all well-pleaded facts as true and viewing them in the light most favorable to the SEC,” Judge Sidney Fiztwater wrote. If the SEC can show in 30 days that Cuban “undertook a duty, expressly or implicitly, not to trade on or otherwise use material, non public information” about the event that triggered the charges, then the case can proceed, the judge wrote. Otherwise it will be dismissed with prejudice.
The International Trade Commission has instituted a section 337 patent-based investigation of certain machine vision software, machine vision systems, and products containing same pursuant to a complaint.
The Office of the U.S. Trade Representative has issued a notice inviting comments on the remedies proposed by the International Trade Commission, including an additional duty of 35-55% over three years, to address its recent Section 4211 "safeguard" determination regarding certain tires from China. USTR also seeks comments on other possible remedies.
The Census Bureau has posted to its Web site the July 2009 issue of its Automated Export System (AES) Newsletter. Highlights of Census' AES Newsletter include:
The International Trade Commission has announced the institution of investigations and the commencement of preliminary phase antidumping and countervailing duty injury investigations regarding certain narrow woven ribbons with woven selvedge from China and Taiwan.
The Transpacific Stabilization Agreement has issued a press release announcing that its lines have adopted a voluntary guideline across-the-board increase of $500 per 40-foot container, with proportionate increases for other equipment sizes, to take effect August 10, 2009. The increase will apply to rates for all commodities and all U.S destinations. TSA notes that in certain cases, it will be necessary for lines to engage with shippers in a renegotiation of contracts that do not provide for some form of interim rate adjustment. (TSA press release, dated 07/07/09, available by emailing documents@brokerpower.com.)
The Director of U.S. Customs and Border Protection's Secure Freight Initiative, Richard DiNucci, provided an update on 10+2 during the July 7, 2009 National Customs Brokers and Forwarders Association of America's Importer Security Filing webinar.
In late June 2009, D-Trade 2 version 2.1 was implemented by the State Department's Directorate of Defense Trade Controls. This new version replaces Version 2.0 which was implemented in mid-May 2009.