brockhoert_leslie cockerham_stephenMore and more it seems disputes are occurring over what information the EEOC may subpoena from employers. On April 3, 2017, the U.S. Supreme Court issued its ruling in McLane Co. v. EEOC, weighing in on the standard of review on appeal when district courts either enforce or quash an EEOC subpoena.

Before discussing the case, let’s first address how we get to an appeal of such an issue:

Continue Reading EEOC Subpoenas—The Supreme Court Weighs In on the Standard of Review

droneOn April 7, 2017, the Federal Aviation Administration (“FAA”) published a Notice to Airman (“NOTAM”), effective April 14, 2017, prohibiting the operation of unmanned aircraft systems (“UAS”) over one hundred thirty-three military facilities to an altitude of four hundred (400) feet. In issuing the NOTAM, FAA is relying on its authority located in 14 C.F.R. § 99.7 to address national security concerns.

Continue Reading Federal Aviation Administration Restricts UAS Operations Over 133 Military Facilities

White HouseOn March 31, 2017, President Trump signed two Executive Orders (EO) aimed at the enforcement of the collection of antidumping and countervailing duties for unfair trade practices and at the evaluation of significant trade deficits with U.S. trading partners. These EOs are a clear indication that trade, as promised throughout the campaign, will continue to be a top priority of the Trump presidency.

Continue Reading President Trump Issues Two New Executive Orders On Trade

retirementOn December 29, 2016, the Department of Labor (DOL) issued Interpretive Bulletin 2016-01 (the “Bulletin”) relating to the exercise of shareholder rights by fiduciaries of employee benefit plans, including the voting of mutual fund proxies under 401(k) and similar retirement savings plans.

What is the Obligation?

Generally, the Bulletin provides that fiduciaries that manage employee benefit plan assets have a fiduciary obligation to exercise shareholder rights for securities (including mutual funds) held by such plans. Thus, plan fiduciaries may not simply ignore their voting rights.

Continue Reading Proxy Voting and Interpretive Bulletin 2016-01

airplane jetThe U.S. Department of Transportation recently revised the SIFL rates that are used to value an employee’s personal use of a company aircraft, as required by the Internal Revenue Code Section 61 and the Federal Tax Regulations Section 1.61-21(g). The Department announced that the following rates will apply for the 6-month period January 1, 2017 through June 30, 2017:

Continue Reading DOT Revises the Standard Industry Fare Level (SIFL) for First 6 Months of 2017

cargo shipOn March 31, 2017, Petitioners North American Steel & Wire, Inc./ISM Enterprises filed a petition for the imposition of antidumping duties on imports of Carton-Closing Staples from the People’s Republic of China.

SCOPE OF THE INVESTIGATION

The scope of this investigation is carton-closing staples. Carton-closing staples are fastening devices used to secure or close the flaps of corrugated and solid paperboard cartons and boxes. Carton-closing staples are manufactured from steel wire, and commonly have a copper-coating or a zinc (galvanized) coating. Carton-closing staples manufactured from stainless steel wire are also covered.

Continue Reading Petition Summary: Carton-Closing Staples From China

Shipping containersOn March 28, 2017, Petitioners Charter Steel, Gerdau Ameristeel US Inc., Keystone Consolidated Industries, Inc., and Nucor Corporation filed a petition for the imposition of antidumping duties and countervailing duties on imports of Carbon and Alloy Steel Wire Rod from Belarus, Italy, the Republic of Korea, the Russian Federation, the Republic of South Africa, Spain, Turkey, Ukraine, United Arab Emirates, and the United Kingdom.

SCOPE OF THE INVESTIGATION

The merchandise covered by these investigations are certain hot-rolled products of carbon steel and alloy steel, in coils, of approximately round cross section, less than 19.00 mm in actual solid cross-sectional diameter. Specifically excluded are steel products possessing the above-noted physical characteristics and meeting the Harmonized Tariff Schedule of the United States (HTSUS) definitions for (a) stainless steel; (b) tool steel; (c) high-nickel steel; (d) ball bearing steel; or (e) concrete reinforcing bars and rods. Also excluded are free cutting steel (also known as free machining steel) products (i.e., products that contain by weight one or more of the following elements: 0.1 percent or more of lead, 0.05 percent or more of bismuth, 0.08 percent or more of sulfur, more than 0.04 percent of phosphorous, more than 0.05 percent of selenium, or more than 0.01 percent of tellurium). All products meeting the physical description of subject merchandise that are not specifically excluded are included in this scope.

Continue Reading Petition Summary: Carbon and Alloy Steel Wire Rod from Belarus, Italy, Korea, Russia, South Africa, Spain, Turkey, Ukraine, the UAE and the UK

Shipping containersOn March 23, 2017, Petitioners the National Biodiesel Board Fair Trade Coalition and its individual members filed a petition for the imposition of antidumping duties and countervailing duties on imports of Biodiesel from Argentina and Indonesia.

SCOPE OF THE INVESTIGATION

The product covered by these petitions is biodiesel, which is a fuel comprised of mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats, including waste oils or greases, and other biologically-based oil or fat sources. The petitions cover biodiesel in pure form (“B100”) as well as fuel mixtures containing at least 99 percent biodiesel by volume (“B99”). For fuel mixtures containing less than 99 percent biodiesel by volume, only the biodiesel component of the mixture is covered by the scope of the petitions.

Continue Reading Petition Summary: Biodiesel From Argentina And Indonesia

cargo ship containersOn March 9, 2017, Petitioners the Aluminum Association Trade Enforcement Working Group filed a petition for the imposition of antidumping duties and countervailing duties on imports of Certain Aluminum Foil from the People’s Republic of China.

SCOPE OF THE INVESTIGATION

The merchandise covered by this investigation is aluminum foil having a thickness of 0.2 mm (0.00787 inches) or less, in reels exceeding 25 pounds, that is not backed, etched for use in capacitors, or cut to shape. Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above. The products under investigation are currently classifiable under Harmonized Tariff Schedule subheadings 7607.11.3000, 7607.11.6000, 7607.11.9030, 7607.11.9060, 7607.11.9090, and 7607.19.6000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this proceeding is dispositive.

Continue Reading Petition Summary: Certain Aluminum Foil From China

shipping containersOn March 8, 2017, Petitioners Globe Specialty Metals, Inc. filed a petition for the imposition of antidumping duties and countervailing duties on imports of Silicon Metal from Australia, Brazil, Kazakhstan, and Norway.

SCOPE OF THE INVESTIGATION

The scope of these investigations covers all forms and sizes of silicon metal, including silicon metal powder. Silicon metal contains at least 85.00 percent but less than 99.99 percent silicon, and less than 4.00 percent iron, by actual weight. Semiconductor grade silicon (merchandise containing at least 99.99 percent silicon by actual weight and classifiable under HTSUS subheading 2804.61.0000) is excluded from the scope of these investigations.

Silicon metal is currently classifiable under subheadings 2804.69.1000 and 2804.69.5000 of the Harmonized Tariff Schedule of the United States (“HTSUS”). While the HTSUS numbers are provided for convenience and customs purposes, the written description of the scope remains dispositive.

Continue Reading Petition Summary: Silicon Metal From Australia, Brazil, Kazakhstan, And Norway