英语论文网

FY2008.

The Bankruptcy Abuse Prevention & Consumer Protection Act (BAPCPA), enacted in 2005 prevents US Companies from acquiring goods when they know that bankruptcy is imminent. It also allows sellers to make administrative expense claims for unpaid goods received by buyers in the 20 days preceding the bankruptcy filing.

Export insurance should cover commercial credit risks, though a default still requires time, effort and cost of the exporter to collect payment.

2. e. (vi) Standards and Accreditation

Standards: How safe is safe?

“U.S companies use concocted quality issues to stop payment” – Survey Response

In FY2008, India’s agricultural and seafood exports to the US were worth 1.76 billion USD. India faced 1052 FDA refusals, which formed 11% of all FDA refusals. India’s import value ranked 16th in FY2007 and 15th in FY2008, but its shipments (as measured by lines) were more frequently refused U.S. entry than most other countries.

Prior Notice Interim Final rule: The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (Bioterrorism Act) requires that HHS/FDA receive prior notice of food imported into the US.

Contaminated consignments are, at times, destroyed instead of returning them to the exporting country. It is reasoned that “if the contaminant is harmful to one country it would be harmful to another.” The exporting country should be allowed to retest the consignment and then decide on the fate of the consignment. In some cases of contamination, goods can be reprocessed and then sold. These measures would prevent useless wastage.

Conformity Assessment Issues

“Tests conducted in India are not recognized by accreditation labs in the US” – Survey Response

In 1988, USA recognized Export Inspection Council’s certification of Black Pepper. USDA has recognized India’s National Program for Organic Production (NPOP) conformity assessment procedures of accreditation as equivalent to that of US. India needs to push for recognition of EIC’s certification for other products.

Standards and technical regulations can act as non-tariff barriers to trade particularly through duplicative conformity assessment procedures. Developing countries should focus on adopting international standards. In the absence of internationally harmonized standards, their best choice, both from cost and efficiency point of view, is to adopt the standards used in the markets of their major trading partners.

2.e. (vii) Buy America / American Policies

Buy America provisions are a condition of US federal government grants to state, municipal or other organizations including transit authorities.

Troubled Assets Regulation Program (TARP) recipients cannot outsource call centre work to foreign firms and can hire only a limited number of foreign workers on H-1B visas.

Companies in businesses such as banking, financial services and insurance, contributed almost 41% of the $40.4 billion revenue of Indian IT services firms in the year to March 2008.

Table 2: Buy America Requirements

Project funded by

Requirements

Federal Transit Administration

100% US content and to be 100% US manufactured

Federal Aviation Administration