Creativity and innovation in U.S. industry, particularly in high-technology, has helped fuel economic growth in the United States. Because of their competitive edges, more U.S. firms have been taking advantage of the growing business opportunities in the worldwide marketplace.

But wider marketplace opportunities mean greater risks. Foreign competitors may steal innovative ideas and inventions. To protect their ideas and inventions, U.S. corporations are finding it critical to become familiar with and understand international trade laws and regulations. This intensive, two-day course has been designed to de-mystify and clarify current international trade laws and regulations and explain how U.S. corporations can use them to protect and/or remedy competition from imported products that may be violating their patents, trademarks, copyrights, and trade secrets. In addition, the course will teach U.S. importers what to do if they are charged with unfair import competitive practices.

While fair competition can be achieved through the courts, enforcement of intellectual property rights at the border often operates as a successful alternative. Section 337 of the Trade Act of 1930 is considered one of the most effective and immediate ways for U.S. companies or U.S. subsidiaries of foreign companies to protect their intellectual property rights against infringement by imported products. Remedies under Section 337 include complete exclusion of a competitor's product from entry into the United States. The course will focus heavily on how U.S. companies can pursue legal action under Section 337, which is administered by the U.S. International Trade Commission and enforced by the U.S. Customs Service.

This course also covers antidumping laws which impose duties on imports into the United States of products which are priced below cost or fair value and which materially injure the domestic industry producing the same or similar products. The antidumping laws can provide U.S. businesses with long-term relief, since resulting orders remain in place for a minimum of five years from issuance. For U.S. importers facing such a potential obstacle, the course will teach corporate executives and in-house or outside counsel how to mobilize all available resources and provide the detailed sales and cost accounting information which the U.S. Department of Commerce and the USITC require.

Finally, the course will provide an introduction to the complex requirements of customs law. With the increased reliance on foreign sources for components, most U.S. manufacturers must now comply with the duty to use "reasonable care" to properly enter, classify, and value imported merchandise.

The course will be presented by an expert faculty whose credentials are detailed in this brochure. In addition, each attendee will receive a reference manual prepared by the faculty for use during the course and as a desk reference on the job.

We invite you to join us.

Course Curriculum

I. The World Trade Organization

1. The General Trade Organization
   1. Tariffs and Trade
   2. Trade in Services
   3. Trade Related Aspects of Intellectual Property Rights
2. WTO Dispute Resolution

II. North American Free Trade Agreement

1. Benefiting from the NAFTA

III. The European Union

IV. Asia-Pacific Economic Cooperation

V. The U.S. Government

1. U.S. Trade Representative
2. U.S. Department of Commerce
3. U.S. International Trade Commission
4. The U.S. Customes Service
5. The U.S. Congress

U.S. Customs Laws

I. U.S. Customs Service

II. Entry Process

III. Classification

IV. Valuation

V. Liquidation/Reliquidation

VI. Country Of Origin and Marking Requirements

1. Determining Country of Origin
2. Marking Requirements
3. FTC Requirements

VII. Recording Trademarks with the U.S. Customs

VIII. Duty Drawback

IX. Bonded Warehouses

X. Foreign Trade Zones

XI. Temporary Importation Under Bond

XII. Other Duty Preference Programs

1. Importing American Goods
2. Generalized System of Preferences
3. Carribean Basin Initiative

XIII. Fines, Penalties and Forfeitures

1. Section 592 Penalties
2. Seizures
3. Procedural Safeguards
4. Prior Disclosure by the Violator
5. Remission or Mitigation of Penalties

XIV. Compliance Assesment and Audits

1. What is Compliance Assesment?
2. Compliance Assesment Process
3. Results of Compliance Assessment

XV. Record Keeping Requirements

1. Records that Must Be Retained
2. Who Must Retain Records
3. Penalties

XVI. Buy American Rules

U.S. Antidumping and Countervailing Duty Laws

I. U.S. Antidumping Law

II. Prosecution By The U.S. Industry

III. Defending An Antidumping Case

IV. ITC: Analysis Of Injury To The U.S. Industry

1. Commission Questionares
2. Like Product and the Domestic Industry
3. Material Injury
4. Threat of Injury
5. Material Retardation

V. Commerice: Calculation of the Antidumping Margin

1. Normal Value
   1. Sales Made Below Cost
   2. Constructed Value
   3. Non-market Economy Countries
2. U.S. Price-Export Price and Constructed Export Price
3. Calculation of Antidumping Margin

VI. Procedural Avenues of an Antidumping Investigation

1. Suspension of Investigations
2. Final Determinations
3. Imposition of Antidumping Duties
4. Critical Circumstances Determination
5. The Anticurcumvention Provisions
6. Five-Year ("Sunset") Reviews

VII. Countervailing Duty Law

1. What is a Subsidy?
2. Countervailable Subsidies
3. Non.Countervailable Subsidies

VIII. Antidumping Act Of 1916

Section 337 - Investigations Of Unfair Practices In Import Trade

I. Section 337 Of The Tariff Act

II. Elements Of A Section 337 Investigation

1. Unfair Competition of Unfair Act
   1. Intellectual Property-Based Investigations
   2. Other Section 337 Investigations
2. Importation
3. Injury

III. Section 337 Procedures

1. Institution of an Investigation
2. Response to Complaint
3. Target Rates
4. Discovery
5. Hearing
6. Initial Determination
7. Petition for Review and Appeal
8. Presidential Review
9. Preclusive Effect of 337 Decisions
10. Alternative Resolutions and Section 337

IV. Available Remedies

1. Exclusion Orders
2. Temporary Relief
3. Cease and Desist Orders
4. Enforcement Proceedings
5. Defaults and Consents
6. Public Interest

Miscellaneous U.S. Trade Laws

I. The "Escape Clause" and Section 201 Actions

II. Section 301 of the Trade Act of 1974

1. Violations Resulting in Mandatory Action or Descretionary Action
2. Section 301 Procedure
3. Super 301 and Special 301

III. Miscellaneous Trade Remedy Statues

1. Section 232--National Security Investigations
2. Country-Specific Trade Restrictions
   1. The Helms-Burton Act
   2. The Iran and Libya Sanctions
3. Foreign Corrupt Practices Act
4. The False Claims Act

Exporting

I. Export Controls

1. History of U.S. Export Controls
2. Arms Export Conrtol Act
3. Export Administration Act of 1979

Practical Guidance On Exporting

1. Export Documentation
2. Export Assistance Services of the U.S. Government
3. Internal Export Compliance Procedures
4. Export Trading Certificates