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Business Law
A Canadian seller sued a U.S. purchaser for the purchaser's refusal to pay for concrete light poles utilized in a construction project in Florida. The purchaser counterclaimed that it had sustained
A U.S. purchaser sued a German limited partnership alleging that the partnership breached a contract to deliver 15,000-18,000 metric tons of used Russian railroad rail to the U.S. company for
You are the vice president of sales for DownPillow International, Inc., a U.S. manufacturer of bed pillows. The raw materials needed for making pillows are all sourced from suppliers overseas. Your
Banque de Depots, a Swiss bank, brought an action against Bozel, a Brazilian exporter, seeking a money judgment because Bozel had allegedly misapplied the bank's funds. The bank obtained an order
Banque de Depots, a Swiss bank, brought an action against Bozel, a Brazilian exporter, seeking a money judgment because Bozel had allegedly misapplied the bank's funds. The bank obtained an order
The defendant entered into a contract to sell hops to the plaintiff in London, as follows: . . . one hundred bales, equal to or better than choice brewing Pacific Coast hops of each of the crops of
The plaintiff had purchased ore from Oppenheimer. The plaintiff requested that the defendant bank negotiate documents on its behalf from Oppenheimer covering a shipment of "cobalt ore analysis not
In May 2005, Cedar Petrochemicals, Inc., a New Yorkbased petrochemicals trader, entered into a contract with Dongbu Hannong Chemical Co., Ltd., a South Korean corporation, whereby the latter agreed
Kumar sold 700 television sets to one of its largest customers, Nava, in Venezuela. The contract was on CIF terms, Maracaibo. However, they agreed that Nava would not pay Kumar until Nava actually
In March 1999, China North Chemical Industries Corporation and Beston Chemical Corporation entered into a contract under which Nocinco agreed to sell to Beston 718 pallets of explosive boosters
Lite-On Peripherals, Inc. was a California-based corporation engaged in the computer hardware business. Lite-On's parent company was Silitek Corporation, a Taiwan-based corporation. On January 22,
Shared Imaging, a U.S. company, agreed to purchase an MRI machine from Neuromed, a German seller. The onepage contract of sale stated that the delivery terms were "CIF New York Seaport, the buyer
C-ART, Ltd. was an exporter of goods based in Hong Kong. C-ART entered into a contract with the New York Merchandising Company, a New York importing company, for the purchase of goods from
Empresa Estatal Petroleos de Ecuador (PetroEcuador) contracted with BP Oil International, Ltd. for the purchase of 140,000 barrels of gasoline to be delivered CFR from Texas to Ecuador. The contract
You receive a fax transmittal from Japanese buyers you met in New York. They indicate that they want to order 5,000 down bed pillows. The pillows must contain no less than 85 percent cluster prime
Tseng purchased a ticket on an El Al flight from New York to Tel Aviv. Prior to boarding, an El Al security guard questioned her about her travel plans. The guard considered her response "illogical"
Dr. Abid Hanson was traveling with his wife and family aboard an Olympic Airways flight from Athens to New York. He suffered from asthma and was affected by secondhand smoke. They were seated in a
S.S. Sabine Howaldt, a small cargo vessel, was chartered for a voyage from Antwerp, Belgium, to Wilmington, Delaware. The ship was carrying steel products consigned to the plaintiff. The cargo was in
The plaintiff, Z.K. Marine, is an importer of yachts for sale in the United States. In 1987, five yachts were shipped from Taiwan to the United States aboard the MV Archigetis. Each yacht was shipped
Westinghouse contracted with Panalpina, a freight forwarder, to arrange for the transportation of an electric transformer from Italy to Iowa. Panalpina stated to Westinghouse, "[R]est assured your
Shaver, a barge company, contracted with Weyerhauser, the shipper, to transport caustic soda to a buyer. Shaver arranged for marine cargo insurance with Travelers. Several different types of coverage
The plaintiff was traveling by air from Rome to Philadelphia. Being highly allergic to gluten, she had requested a gluten-free meal at the time she booked the flight. She again informed the flight
The Plaintiff purchased a round-trip ticket on British Airways between London and Denver. Three days later she purchased a round-trip ticket on American Airlines between Denver and Washington, DC.
Assume a passenger dies aboard an international flight, and that there was no defibrillator aboard the aircraft that might have been used to revive him. Do you think the failure to have a
A shipper of fruits and vegetables delivered a refrigerated van of produce to the S.S. Bayamon at the port of Elizabeth, New Jersey, on September 22 for shipment to San Juan, Puerto Rico. The ship
Three judgments of the Rolls of Oleron appear in this chapter. Early ship owners, mariners, and merchants found it necessary for all parties aboard ship to share in the risks of the voyage. Explain
This one is for fun, so watch for clues! O. L. Salt had a long career in the merchant trade of the western hemisphere, running voyage charters in old tramp freighters and hauling whatever cargo came
National Park Bank issued a letter of credit addressed to Ronconi & Millar, beneficiary, at the request of its account party, Sun Herald, "covering the shipment of 1,322 tons of newsprint paper in
The defendant bank issued an irrevocable letter of credit on behalf of its customer, Adastra Knitting Mills. It promised to honor sixty-day time drafts of Courtaulds for up to $135,000 covering
The plaintiff contracted to purchase hog bristles from Transea Traders in India. The defendant bank issued an irrevocable letter of credit to Transea covering a shipment of hog bristles and payable
In 1988, Semetex entered into an agreement with the Al-Mansour Factory in Baghdad, Iraq, an enterprise owned and operated by the government of Iraq, in which Semetex agreed to provide Al-Mansour with
Wade entered into a contract to sell irrigation equipment to Ribadalgo, its Ecuadorian distributor. Ribadalgo obtained an irrevocable letter of credit in the amount of $400,000 from Banco General
The rule of strict compliance in New York is best illustrated by Beyene v. Irving Trust Co., 762 F.2d 4 (2d Cir. 1985). The letter of credit specified that payment be made on presentation of a bill
In 2011, Mago International, a New York company, entered into a contract to sell meat products to NTP Genita, a company based in Kosovo. Mago required Genita to obtain a standby letter of credit
Robalen, Inc. was in the business of purchasing and selling yarns, fibers, and plastic resins. In March 1996, Robalen's customer, Resilux, N.V. of Belgium, opened an irrevocable letter of credit with
NAFT was a New York corporation engaged in the business of importing electronic equipment. In 1994, NAFT purchased $1.8 million in goods from Huston Electronics Company, a Taiwanese corporation.
1. Corby, an experienced tire broker in Wales, offered to sell tires to Chappell, a tire broker in California. Chappell contacted two U.S. tire distributors, Jenkins in Tennessee and Hein in Ohio,
In the early 1950s, the United States was at war in Korea as part of a United Nations "police action." American steelworkers were threatening to strike over wages and collective bargaining
This action was brought by a U.S. senator against the president to enjoin him from returning the Hungarian coronation regalia to the People's Republic of Hungary. The Holy Crown of St. Stephen had
Star-Kist Foods, a U.S. producer of canned tuna, instituted a lawsuit to protest the assessment of duties made by the collector of customs on imported canned tuna. Duty was assessed on the canned
During a time of political controversy in the United States over immigration policy and enforcement, the State of Arizona enacted a statute to deal with the large number of unlawful aliens in the
The state of California imposed an ad valorem property tax on cargo containers owned by Japanese companies and temporarily located in California ports. The containers were used exclusively for
What are the most common written mechanisms for issuing presidential statements or directives, and how are they generally used?
What are the limits on the president's use of executive orders?
What recent executive orders, memoranda, or proclamations have been issued by the president affecting U.S. international trade?
What is meant by the president's "trade promotion authority?" In what way does it enhance the president's trade negotiating authority with other nations?
Explain the benefits of a multilateral trading system based on reciprocal tariff reductions. During the early days of the Trump Administration, the president called for an emphasis on "bilateral
Since 1963, the European Economic Community (EEC) had negotiated tariff rates with the developing countries that export bananas, and these concessions were bound in the tariff schedules at 20 percent
The Japan Liquor Tax Law, or Shuzeiho, taxes liquors sold in Japan based on the type of beverage. There are ten categories of beverage (the categories are sake, sake compound, shochu, mirin, beer,
For 50 years prior to this case, India had placed complex restrictions on the import of agricultural, industrial, and consumer goods from other countries. Goods placed on the "negative list" could
The European Community (EC) had been the world's largest importer of bananas, two-thirds of which were grown in Latin America. A large percentage came from developing countries that were once
The controversial Trans-Pacific Partnership Agreement was negotiated and signed by President Obama on the basis of trade promotion authority from Congress. It includes 12 countries of Asia and the
Every year, the U.S. Trade Representative issues a report on foreign government trade barriers to U.S. goods and services, known as the National Trade Estimate Report on Foreign Trade Barriers.
The Royal Thai government maintains restrictions on imports of cigarettes. The Tobacco Act of 1966 prohibited the import of all forms of tobacco except by license of the director-general of the
The United States has long sought ways to reduce smoking by children. In 2009 the United States enacted the Family Smoking Prevention and Tobacco Control Act [the Act] that prohibited the import or
Throughout the 1970s, European consumers became more concerned over the use of hormones to speed the growth of livestock. Their fears were in part based on the fact that some people had been injured
The European Communities requested a WTO panel to decide whether U.S. Sections 301−310 [the Act] violated GATT dispute settlement procedures. The Act permits the USTR to investigate possible
There has long been debate over whether countries should take unilateral action to redress foreign trade barriers or seek to resolve the issue through negotiations. What do you see as the advantages
British Columbia, Canada, requires grocery stores to sell imported wine only within a "store within a store," although it allows domestic BC wine to be sold on regular store shelves. The rule is
In 2001, an outbreak of hoof-and-mouth disease threatened the meat supply of Europe. This virus is spread through the air or by contact. To control its spread, millions of cattle, sheep, and pigs
Businesses and consumers in China process more than $1 trillion (U.S. equivalent) in electronic payments every year. The United States claimed that the Chinese government used several regulatory
1. Which vehicle is more "American"-a Chevrolet Silverado assembled in Mexico or a BMW made in South Carolina? Today, the typical motor vehicle sold in North America is made of components and
Argentina conducted a safeguard investigation into imports of footwear during the period from 1991 to 1996 and found the following data related to absolute levels of imports:TOTAL IMPORTS OF FOOTWEAR
In 1982, the ITC instituted an investigation to determine if motorcycles having engines with displacement more than 700 cubic centimeters were being imported into the United States in such increased
Pesquera Mares Australes, a Chilean salmon exporter, was accused of dumping salmon in the U.S. market at less than fair value. An AD duty petition was filed in 1997 by the Coalition for Fair Atlantic
Rhodia Pharma Solutions is one of the world's leading manufacturers of specialty chemicals, including acetyl- salicylic acid (bulk aspirin). With corporate headquarters in France, it has about 25,000
During the 1960s and 1970s, the European steel industry was near financial collapse. With the support of labor groups, the largest firms were kept alive with government money, low-interest loans, and
U.S. presidents have considerable authority from Congress to protect domestic industry from foreign competition. But that authority has its limits. Are you able to list and describe the range of
Describe the different functions of the ITA and the ITC in regulating import competition. Why do you think that Congress split their respective functions into two separate agencies?
According to the U.S. Department of Commerce, in 2015 there were $1.1 billion of "large residential washers" imported from China. Whirlpool, a Michigan manufacturer, filed petitions for AD duties on
The 2012 amendments to the CVD statute, cited in this chapter, permits CVD duties on imports from NME countries retroactively to 2006. Wireking, an affected importer, argued that this violated the Ex
During the recession of 2009, the U.S. government financially "bailed out" the American automotive industry. The China Association of Automobile Manufacturers then petitioned the Ministry of Commerce
In a U.S. AD investigation, the ITA requests information from foreign producers or exporters on the foreign market value of their product in their home market. Respondents are expected to comply in a
A foreign shoe manufacturer sells shoes to a wholly owned subsidiary company in a foreign market at $20. The subsidiary sells to an independent distributor at $40, who sells to a retailer at $80.00.
Your firm is a U.S. manufacturer of optic transistors (OTs) for use in robotic applications. A few years ago, the United States entered into an OT trade agreement with Asian countries reducing
1. Few would think that the United States would permit the import of goods made by forced, prison, or indentured labor. Yet for decades, since the 1930s, this has been permitted by American law in
Otter Products LLC imported protective cases for smart-phones, branded as the "Otterbox Commuter" and "Defender" series. The cases have a clear plastic screen cover, rigid outer plastic shell that
Zeiss imported ZMS 319 microscopes, stands, and accessories, including a camera-all specially tailored for neurosurgical use. Customs classified the ZMS 319 under Heading 9011 for "stereoscopic
Plaintiff, Better Home Plastics Corp., imported shower curtain sets consisting of an outer textile curtain, an inner plastic liner, and plastic hooks. The liner prevented water from escaping and was
Plaintiff attempted to enter steel products at the Port of Seattle. These products consisted of unpainted steel sheets that had originated in Japan but had been hot-dip galvanized in New Zealand.
Nissan operated a foreign trade zone subzone at its automotive manufacturing and assembly plant located in Smyrna, Tennessee. Nissan imported production machinery for use in the subzone consisting of
J. Wu entered three shipments of T-shirts purchased from Hui, who claimed that he operated a factory in the Dominican Republic. Hui furnished information necessary for the importer's broker to
Use the Customs Rulings Online Search System (CROSS) on the website of U.S. Customs and Border Protection to find rulings that might help in determining the following classifications: a. You intend
Assume your cell-phone is assembled in China from parts that originate in dozens of countries. What factors must you be able to prove to U.S. Customs in order to mark the phone as "Assembled in China?
Allstar imported a polyester fleece textile product that is similar to a blanket, but has sleeves for arms. It was in one size only, measuring 71 × 54 inches, with sleeves 28 inches long. There was
CamelBak imported backpacks used for outdoor activities and designed to deliver "hands-free" water on-the-go. Each of the subject articles is a textile bag with padded shoulder straps and an
You are attending a product development meeting at your company, a U.S. manufacturer of outdoor equipment. Your firm designs and manufacturers tents, bivy sacks, backpacks, and other outdoor
Defendants were charged with illegally exporting high technology equipment without a license. The indictment alleged that their application for a license had been assigned an application number but
In December 1954, the League of Arab States called for an economic boycott of Israel. Under the "General Principles" worked out by the Arab states, a firm could be blacklisted if it traded with
Defendant is a Chinese citizen who worked as an engineer in Beijing developing photoelectric technologies. Defendant's friend and accomplice, Chao, was a U.S. citizen who owned a printing business in
Mousavi immigrated to the United States from Iran and became a naturalized citizen in 1999. He operated two businesses, one installing television satellite systems and the other organizing travel
Defendants were indicted in the United States for conspiring to ship, and for shipping, parts for forklifts to Iran in violation of the Iranian Transactions Regulations (ITR) and "with knowledge or
Beginning in 1995, both Presidents Clinton and Bush issued several executive orders under IEEPA declaring a national emergency in dealing with terrorism. The Department of the Treasury issued
The export of electric cattle prods requires a license. Why? On what policy basis?
What is the status of the Export Administration Act of 1979 and the Export Administration Regulations? Has the statute been renewed or replaced since its lapse in 2001?
1. Your company, Ajax Pharmaceutical, based in New Jersey, is approached by an agent for a company that has offices in Egypt and Jordan about participating in several joint ventures in the Middle
To move goods between the United States and Mexico, shippers typically dealt with three trucking firms. Goods were shipped to a storage facility in a border town. The trailer was then detached from
In 1993, a Mexican firm, Coterin, received a permit from the Mexican government to build a hazardous waste treatment plant in the La Pedrera valley in the state of San Luis Potosi, near the city of
Simon Kirk, a veterinarian and citizen of Canada, sought to obtain a license to practice veterinary medicine from the State of New York. Kirk was neither a U.S. citizen nor a permanent resident
Samsonite Corporation assembled luggage in Mexico for import into the United States. Many component parts used in the assembly process were made in the United States. Samsonite shipped steel strips
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