International Trade Bulletin - Volume 1, Issue 10
Client Alert | 2 min read | 07.24.06
Inside this issue:
- ANTI-DUMPING IN THE SPOTLIGHT
- Comparison of The EU and U.S. Anti-Dumping Models: A Common Question Asked, Especially by Multilateral Companies, is “What are the Key Differences Between the U.S. and EU Systems for Imposing Anti-Dumping Duties?”
- EU Anti-Dumping: Spreading the Costs and Impact of Imposing EU Anti-Dumping Measures
- U.S. Anti-Dumping: More Trouble for the “Byrd Act” at Home
- THE WTO IN THE SPOTLIGHT
- WTO D-G Pascal Lamy Makes Plea to G-8 to Save The DDA: The Director-General of the WTO, Pascal Lamy, has warned leaders at the G-8 meeting in St. Petersburg, Russia, that the DDA multilateral round will fail without their intervention
- Review System Adopted For Approving Regional Trade Agreements: The WTO's Negotiating Group on Rules has given formal approval of a new transparency mechanism for assessing all future regional trade agreements (RTAs) and their compatibility with the WTO rules
- Vietnam Set to Become 150th Member of The WTO: The chairperson of Vietnam's membership negotiations announces final agreement on accession to be put before the WTO General Council meeting in October
- RUSSIA: Russia Within Striking Distance of Joining the World Trade Organization as the U.S. and Russia Gets Close to Reaching a Deal on Russia's Accession
- SANCTIONS: The State Department has rescinded the 1979 designation of Libya as a state sponsor of terrorism in a notice published in the Federal Register on July 13, 2006
- MARKET ACCESS: U.S. and Cambodia Sign Trade and Investment Framework Agreement
- JAPAN: The U.S. and Japan Release Deregulation Report Highlighting New Opportunities for U.S. Industry
- AVIATION: Airlines Studying Proposed New U.S. Rule Mandating Pre-Departure Submission of Passenger Data
- BILATERAL TRADE: Signaling a growing frustration with the multilateral trade negotiation processes, currently moving at a snail's pace under the increasingly inappropriately named “Doha Development Round”, the EU begins putting in place the building blocks for a new wave of bilateral trade agreements
Contacts
Insights
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DOJ Guidance Backs Away From Disparate Impact Liability
On June 9, 2026, the U.S. Department of Justice (DOJ) issued a formal opinion concluding that the Equal Opportunity Employment Commission’s (EEOC) existing interpretations of Title VII of the Civil Rights Act of 1964 (Title VII) disparate-impact liability, including the Uniform Guidelines on Employee Selection Procedures (UGESP), are unconstitutional. According to the opinion, EEOC’s prior interpretations contemplate liability based on disproportionately adverse effects alone, without regard to an employer’s likely intent, rather than treating disparate impact as an evidentiary mechanism to “smoke out” intentional discrimination. DOJ found that this approach functions as a “qualified racial-proportionality mandate” that places “a racial thumb on the scales, often requiring employers to evaluate the racial outcomes of their policies, and to make decisions based on (because of) those racial outcomes.” The opinion fulfills one mandate of Executive Order 14281, which rejected disparate-impact liability insofar as it “creates a near insurmountable presumption that unlawful discrimination exists wherever there are any differences in outcomes among different [demographic groups].”
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Auto Dealers: The FTC Is Back in the Driver’s Seat — Warning Letters Signal Renewed Federal Scrutiny
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