Supreme Court To Hear Uranium Trade Case

Recent Cases

The U.S. Supreme Court agreed to consider whether uranium enriched in France and imported to the United States for use in nuclear power plants is subject to U.S. trade laws.

Eurodif SA, a French uranium-enrichment company, and U.S. utility companies argued that the imported uranium constitutes a "service" - and not a "good" subject to punitive tariffs - because the utilities provide the raw uranium and simply pay Eurodif to enrich it.

Concluding that uranium enrichment is a "manufacturing process" and not a service, the Commerce Department in 2002 imposed a 20 percent antidumping duty on Eurodif imports.

The Federal Circuit overturned that ruling in March 2005, a decision the high court agreed to review. The case could make it more difficult for U.S. companies to obtain protective tariffs on cheaper imports.

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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.

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