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Questions about International Trade Laws

What is International Trade?

International trade has been around for centuries and has a huge impact on most countries economies. This is basically the exchange of services, product and capital across international borders. Increased technology and advanced globalization of multinational corporations has had an impressive impact on international trade. Without international trade, countries would have to rely on their own resources and goods found within their countries borders. Products of international trade are present in every aspect of our daily lives. From the salt in your kitchen, the television in your living room to the clothes that you wear, these are all products of international trade.

My LLC was involved with importing manufactured goods from China. The LLC was dissolved earlier this year, and it appears that US Customs may try to charge the LLC for anti-dumping duty charges. How do I keep the liability within the LLC, and protect my personal assets? Should I keep the LLC open or keep it dissolved?

You need to keep the LLC operating and in good standing. The Court of international Trade recently had a case where a corporation was found innocent of any wrongdoing when charged with anti-dumping duties. This is why it is important for you to keep the LLC. You should consult an attorney to assist you with reinstating your LLC. You shouldn't delay in taking action. If you would like to read more about the decision on the international trade court,

You can read more here: http://www.cit.uscourts.gov/slip_op/Slip_op08/Slip%20Op%2008-142.pdf

How does the war on terrorism impact U.S. managers and companies doing business globally?

Because of heightened security, international trade tends to be on the radar. Many companies may be affected by the war on terrorism without even realizing it. In order for a company to protect itself and its interest in international trade, the corporation needs to be aware of the all laws regarding international trade. A company may find itself dealing in illegal activity without even realizing it. This is why it is so important for the corporation to be knowledgeable of who they conduct business with, how they exchange money, where they place international calls and their knowledge of certain technologies, and how these things can affect the business.

I have a client that purchased $25,800 in marketing on Sat. He signed the invoice which states all sales are final and he also did a verbal verification which stated the same. That day, we paid $18,000 for the marketing services and started his campaign. The next day he sends an email saying he has changed his mind and that by international trade clause he was supposed to receive a letter of assertion and did not. He wants all of his money returned. Do we have to return the entire amount since we had already began finding him clients?

In this situation, you had an agreement with this person and spent money on his behalf to begin the campaign. You have offered to return a portion of the money which in light of the situation is more than fair on your part. You shouldn't have to return the full amount since you had already invested a portion per the agreement. If you didn't incorporate any provisions in your contract pertaining to the rules and regulations of an international entity, this wouldn't affect your contract.

We have an exclusive manufacturing contract with a company. We found out the company is violating the contract and buying direct from one of our suppliers overseas. Should I stop the shipment by contacting custom authorities?

Attempting to stop a shipment in this manner would be an illegal act. Regardless of whether you are in the right, if you attempt to stop the shipment, you could possibly be charge with a tort for interfering with a contract. You would need a court order to stop the air shipment. You might be successful in stopping the air shipment until a court could review the situation. It may be possible to stop the shipment by contacting customs, but only if the shipment is in violation of US import/export law. If the shipment isn't in violation, this would not be an alternative. Another alternative would be to let the shipment happen and then sue for any damages that may result in the transaction.

International trade affects us in every aspect of life. It is an important factor in the economy and international business. Having knowledge of the laws of international trade is an extremely important element in conducting business abroad. If you are unsure of the international trade laws, don't hesitate to seek legal insight from an Expert.

Ask a Business Lawyer

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Recent International Trade Questions

  • The tenant is a 66 year old and have been living in a HUD

    The tenant is a 66 year old and have been living in a HUD section 8 apartment building for 14-years he is also the president of the United Tenants Association where he lives and he fight for all the tenants rights and problem they have with management. His rent is 750.00 per month, and HUD pays 500.00 and he pays 250.00. When he was given an eviction notice for some rule violation that he denied to the court in a timely manner, he was told that he had 60 days to work out something with the land lord, and if they did not work anything out there will be a trial. The 60 days will not be up until January 18, 2015. And then there is to be a trial to settle the matter.
    Further, today is only Dec. 20, 2014 and my friend received a letter Dated Dec. 17, 2014 in the mail from the plaintiff attorney titled; REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default). (This is form CIV 100. And the box is checked that say; Enter Clerks Judgment for restitution of the premises only and issue a writ of execution on the judgment. Code of Civil procedures section1174(c) does not apply. (Code of Civil Procedures section 1169) and the box is checked that say; included in the judgment all tenants and other occupants of the premises. The Prejudgment claim of Right of Possession was served in compliance with code of Civil Procedures section 415.46.
    The document also said, Declaration under code of Civil Procedure Section 585.5 (Required for entry of default under Civil Code Proc., Section 585.5(a))
    What is he trying to pull here? And what are my friends options to block this assault and to get into court so a judge or Jury cant here the
  • Mr. Smith is the owner of a 130 unit apartment building located

    Mr. Smith is the owner of a 130 unit apartment building located in Carson, California this building has a HUD section 8 contract for senior citizens.
    On Oct. 7, 2011 “ Big Ed’s Property Management Company Inc.” signed its original contract to manage Mr. Smith 130 unit apartment building located in the city of Carson California and “ Big Ed’s Property Management Company Inc.” Continue to have a contract to manage the same property for Mr. Smith today Dec 20, 2014.
    However, the city of Carson requires all property management companies doing business in the city of Carson to have a City of Carson business license to operate as a property management company in their city for Mr. Smith 130 unit apartment building.
    On Dec. 19, 2014, the City of Carson reported to Mr. Smith in writing that “Big Ed’s Property Management Company Inc.,” does not have a business license to operate in the City of Carson. And there is no record that that “Big Ed’s Property Management Company Inc.,” has ever had a business license in that name.
    Question; Is “Big Ed’s Property Management Company Inc.” operating illegally as a management company in the city of Carson, by not having a business license in the City of Carson, and if “Big Ed’s Property Management Company Inc.,” is operating illegally can “Big Ed’s Property Management Company Inc.” lawfully file an Unlawful Detainer Complaint (eviction action) in the courts stating“ Big Ed’s Property Management Company Inc.” is the Plaintiff ; and the defendant is a tenant living in one of Mr. Smith 130 unit section 8 apartments in the city of Carson? So “Big Ed’s Property Management Company Inc., has filed the eviction action as the Property Management Company against Mr. Smith’s tenant Mr. Williams living in Carson California.
  • I want to check from a legal aspect, about the following: Can

    I want to check from a legal aspect, about the following:
    Can a US Citizen "incorporate" (either as an LLC or an S Corp) as a Business in the US which will provide Consulting services, as a Consultant to a Foreign Company that has *no* physical presence (i.e. no registered business entity) in the US. The foreign company would pay an invoice that I will send to them, as a consultant, for work I performed for them in the US, for their US customers ?
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