International Trade Administration Research Articles

Insider Threats to the Military Health System: A Systematic Background Check of TRICARE West Providers.

To address the pandemic, the Defense Health Agency (DHA) expanded its TRICARE civilian provider network by 30.1%. In 2022, the DHA Annual Report stated that TRICARE's provider directories were only 80% accurate. Unlike Medicare, the DHA does not publicly reveal National Provider Identification (NPI) numbers. As a result, TRICARE's 9.6 million beneficiaries lack the means to verify their doctor's credentials. Since 2013, the Department of Health and Human Services' (HHS) Office of Inspector General (OIG) has excluded 17,706 physicians and other providers from federal health programs due to billing fraud, neglect, drug-related convictions, and other offenses. These providers and their NPIs are included on the OIG's List of Excluded Individuals and Entities (LEIE). Patients who receive care from excluded providers face higher risks of hospitalization and mortality. We sought to assess the extent to which TRICARE screens health care provider names on their referral website against criminal databases. Between January 1-31, 2023, we used TRICARE West's provider directory to search for all providers within a 5-mile radius of 798 zip codes (38 per state, ≥10,000 residents each, randomly entered). We then copied and pasted all directory results' first and last names, business names, addresses, phone numbers, fax numbers, degree types, practice specialties, and active or closed statuses into a CSV file. We cross-referenced the search results against US and state databases for medical and criminal misconduct, including the OIG-LEIE and General Services Administration's (GSA) SAM.gov exclusion lists, the HHS Office of Civil Rights Health Insurance Portability and Accountability Act (HIPAA) breach reports, 15 available state Medicaid exclusion lists (state), the International Trade Administration's Consolidated Screening List (CSL), 3 Food and Drug Administration (FDA) debarment lists, the Federal Bureau of Investigation's (FBI) list of January 6 federal defendants, and the OIG-HHS list of fugitives (FUG). Our provider search yielded 111,619 raw results; 54 zip codes contained no data. After removing 72,156 (64.65%) duplicate entries, closed offices, and non-TRICARE West locations, we identified 39,463 active provider names. Within this baseline sample group, there were 2398 (6.08%) total matches against all exclusion and sanction databases, including 2197 on the OIG-LEIE, 2311 on the GSA-SAM.gov list, 2 on the HIPAA list, 54 on the state Medicaid exclusion lists, 69 on the CSL, 3 on the FDA lists, 53 on the FBI list, and 10 on the FUG. TRICARE's civilian provider roster merits further scrutiny by law enforcement. Following the National Institute of Standards and Technology 800, the DHA can mitigate privacy, safety, and security clearance threats by implementing an insider threat management model, robust enforcement of the False Claims Act, and mandatory security risk assessments. These are the views of the author, not the Department of Defense or the US government.

Evolving Well Stimulation Optimization Tool with OliFANT

In Indonesia, for a half decade, the decrease of oil and gas production from 2016 is 4.23% and 3.53% respectively (ESDM, 2021). This production decrease has a domino effect on the investment loss. According to the International Trade Administration, investment in Indonesia’s oil and gas industry in 2019 reached around US$ 12 billion, which was decreasing from around US$ 16 billion in 2016. Such loss is a serious disaster, thus applying digital transformation such as machine learning to the most-used method, well stimulation, is immediately needed. Unfortunately, the implemented well stimulations nowadays are prone to short-lived effects due to the unreliable selection methods, as they do not have any integrated database. This research, as the pilot project, focuses on field data collected in West Indonesia from sandstone and carbonate lithologies, and the type of stimulation used is acidizing. This tool, OliFANT, defines the success of stimulation based on the productivity index before and after stimulation. The method uses geostatistical approaches and optimizing decline curve analysis for analysing and modelling spatially correlated data. The accuracy of the model is validated at a minimum of 75%, which shows its high reliability. It can also forecast the duration effect of the stimulation, additionally it provides the estimation of profit scenarios. The proposed machine learning model adopts an empirical working principle by utilizing reservoir parameters and test data of stimulation, which are inputted into a user-friendly interface after filling in a comprehensive database. In conclusion, the main benefits of using this tool are cutting evaluation time and achieving higher cost-efficiency. This software can be continuously improved by adding more data to widen the variety of the methods. Considering that each field has different types of properties, this tool is built to be adaptable to every reservoir condition. Over and above that, this tool can be implemented for other stimulated wells and be modified for other methods and operations, such as drilling and workover. In the future, it can be a one-stop solution for stimulation plan validation, where data-driven solutions pave the way for success.

Virtual Scrapart

Abstract: In today’s world, many art forms are in dying phase, due to lack of interest, recognition of supreme artist and lack of proper organized platform. Moreover, there are many aspiring artists who think there is a lack of marketplace for selling their products. Apart from this, there is a sharp increase in scrap generated from households and industries. According to International Trade Administration in 2020, 32 million tons of ferrous (Iron) scrap was produced as waste. Most of this waste can be reused if refurbished properly. There are many artists and craftsmen who are willing to work on such used products to create useful and reusable products. There are around 10,054 artists around the world who think there should be a proper platform where buying, selling and refurbishing of a product could be performed. With the use of modern technology such a platform can be developed by establishing a Server and developing a Mobile/Web – Application to interact with buyers, sellers and artists to convert waste into prime products.

Reflections on Aspects of the Regime on the Amendment of Tariffs under the International Trade Administration Act 71 of 2002: a Discussion of Shoprite Checkers (Pty) Ltd v International Trade Administration Commission

This article evaluates aspects of the regime for the amendment of tariffs under the International Trade Administration Act 71 of 2002 (ITAA), with a specific focus on the decision-making powers of the International Trade Administration Commission (ITAC) and the Minister of Trade, Industry and Competition (Minister). This analysis is conducted through the conduit of the decision in Shoprite Checkers (Pty) Ltd v International Trade Administration Commission. The Shoprite decision incorrectly allowed a review of ITAC’s ‘recommendations’ based on the ground of ‘rationality’ emanating from the principle of legality outside of the Promotion of Administrative Justice Act 3 of 2000 (PAJA). It is settled law that all of ITAC’s ‘recommendations’ or ‘decisions’ constitute ‘administrative action’, and thus, the grounds of appeal reside in PAJA, which includes the ground of rationality. Thus, the Shoprite approach conflated the point of departure, thereby incorrectly displacing the place of the PAJA and flouting the principle of subsidiarity. This case also incorrectly classified the power of the Minister when considering the ITAC ‘recommendation’ to impose or vary a duty as a ‘constitutional’ power. It is trite law that this power is ‘executive’ in nature. Thus, the Shoprite formulation causes confusion since all power can technically be regarded as ‘constitutional’. The article concludes with an analysis of the seldom-used power by ITAC of revoking its recommendations under sections 26 and 48 of the ITAA.

The Conduct of “Price Undertakings” and “Interim Reviews” in the Anti-Dumping Regime of South Africa [Discussion of Casar Drahtseilwerk Saar GMBH V International Trade Administration Commission (66248/2014) 2020 ZAGPPHC 141 (14 February 2020)

The administration of anti-dumping investigations is the sole mandate of the International Trade Administration Commission (“ITAC”). This investigation has two stages, the preliminary and final investigation stages, which are accompanied by investigation reports at each stage. The investigation can be terminated or suspended after the preliminary investigation if the offending exporter ceases exports to the Southern African Customs Union (“SACU”) at the dumped prices or revises its prices such that ITAC is satisfied that injurious dumping has been eliminated. Twelve months after the publication of the final determination in the original investigation or the previous review, interested parties can request an interim review of the duty if there are significantly changed circumstances. It is these two aspects of dumping investigations that were the subject of litigation for the first time in South African law in Casar Drahtseilwerk Saar GMBH v International Trade Administration Commission (66248/2014) 2020 ZAGPPHC 141 (14 February 2020). This note assesses the novel approach employed by the court in readily construing these aspects of the anti-dumping investigation in South Africa in accordance with the jurisprudence on the Anti-Dumping Agreement. This approach is commendable in light of the ambivalent attitude of South African courts towards the country’s obligations in terms of the multilateral agreements of the World Trade Organization, despite the promulgation of local legislation to comply with these obligations and the constitutional injunction to prefer any reasonable interpretation of the legislation that is consistent with international law over any alternative interpretation that is inconsistent with international law.

ASSESSING THE WTO COMPLIANCE OF SELECTED ASPECTS OF SOUTH AFRICA’S INTERNATIONAL TRADE ADMINISTRATION AMENDMENT BILL

This article argues that while South Africa’s International Trade Administration Amendment Bill and the attendant proposed regulations may generally be regarded as a positive legislative intervention, to a large extent, the new regulatory regime goes against the spirit, object and purport of the World Trade Organization (WTO) anti-dumping agreement and is even in conflict with South Africa’s International Trade Administration Act itself. In order to substantiate the above reservations, this article first outlines the basics of WTO dumping and anti-dumping law before proceeding to point out aspects of South Africa’s anti-dumping law and practicewhich incorporate WTO tenets. With the aid of selected WTO disputes and examples from comparative WTO member states, this article also comments on selected impugned changes likely to be introduced by the Bill and the new regulations and concludes that the proposed new law is unlikely to be WTO compliant. This conclusion is premised on the fact that South African dumping and anti-dumping law relating to confidentiality, the process of conducting investigations, termination of investigations based on de minimis margins and interested party hearings does not always mimic the legal position as espoused in the WTO anti-dumping agreementand interpreted in selected WTO disputes.

On "Dumping" and the Competition Act of South Africa: No "double remedy"

In "'Dumping' and the Competition Act of South Africa", Vinti espouses that the Competition Commission has jurisdiction over the actions of extra-territorial parties insofar as such actions involve "prohibited price discrimination" or "price dumping". He finds that the Competition Act and the International Trade Administration Act both bestow jurisdiction over the matter and hence argues that this would constitute an unfair double remedy if both authorities were to take action. He therefore proposes, on the basis of a Memorandum of Agreement that has been concluded between the Competition Commission and the International Trade Administration Commission, that either of the Acts should be amended to ensure that no such double remedies are imposed. Although it is agreed that such "double remedy", if applied, would indeed be unfair for several reasons, this article argues that no such double remedy exists and that, despite the provisions of the Competition Act, the Competition Commission has no jurisdiction in matters related to dumping.

An exposition of trade policy formulation through the issuing of "Trade Policy Directives" by the Minister of Trade, Industry and Competition under the International Trade Administration Act 71 of 2002

Section 5 of the International Trade Administration Act 71 of 2002 (ITAA) provides that the Minister of Trade, Industry and Competition has the power to issue "Trade Policy Directives" subject to the procedures and requirements of the Constitution of the Republic of South Africa, 1996 (Constitution) and other laws. However, there is uncertainty as to how trade policy is formulated under section 5 of the ITAA and the rights of affected parties in this regard. Thus, this article offers an exposition of the process of trade policy formulation under section 5 of the ITAA. To this end, it is my view that trade policy formulation under section 5 must be guided by section 195 of the Constitution, which requires that the public must be "encouraged" to participate in policy formulation and that this must occur in a climate of openness, transparency and accountability. In the narrower sense, it is also my view that interested parties must be given an opportunity to participate in trade policy formulation on the ground of procedural rationality and to avoid a charge of arbitrariness as twin components of the rule of law.

ЩОДО ПРАВОВОГО ЗАБЕЗПЕЧЕННЯ СТАЛОГО РОЗВИТКУ ТРАНСПОРТНОЇ СИСТЕМИ УКРАЇНИ

The article highlights the current problems of the transport system of Ukraine, as well as identifies areas for the development of relevant legislation. It is noted that current geopolitical conflicts, the challenges of world trade, the pandemic caused by COVID-19, have affected global supply chains, led to the transformation from traditional approaches for doing business to digital ones. It is highlighted that Ukraine as a logistics hub between the Europe and Asia faces the global economics challenges and needs to realize comprehensively its export and transit potential. However, according to the International Trade Administration data, only 25-30 % of the country's transit potential is currently used. In terms of the Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part, Ukraine's transport system should ensure synergy of all modes. The current trends for smart-port infrastructure development, uberization in the transport industry, new mode of logistics management – 4th generation logistics (4PL) are being discussed. The author emphasizes that the development of domestic legislation on public-private partnership is the priority task concerning transport industry. In addition, the author states that the priority development areas’ model should be applied for developing ports and logistics hubs in Ukraine providing non-fiscal incentives. The researcher concludes that a balanced legal policy is needed, taking into account the interests of the state, private investors, the environment and society. In addition, the appropriate legal basis should be provided for the sustainable development of Ukraine's transport system. It is concluded that the priority tasks are as follows: The proposed steps are as follows: adopting the specific Laws of Ukraine “On Railway Transport”; “On Multimodal Transport”, “On Inland Waterway Transport”, forming an independent regulatory body for natural monopolies in the field of transport, providing fair economic competition in the field of rail freight transportation.

Protectionism in the Era of Globalisation: The misuse of anti-dumping instruments from an EU perspective

The purpose of the dissertation at hand is to contrast the AdA (Agreement on the Implementation of Article VI of the GATT'94) with anti-dumping investigations carried out by and against the EU. It has been usual to suppose that WTO Members apply the AdA's flexible rules in a protectionist manner. However, hardly any treatise on contingent protection is concerned with this facet of global trade law. The question, also, of the volume of dumped imports, in the sense of negligibility, the impact of geopolitical factors, the extent of protectionism and malpractices in the review phase, has scarcely been examined. Is it true that anti-dumping instruments are being misused in view of the flexible rules of the Anti-dumping Agreement? For, admittedly, malpractices have been forthcoming ever since the WTO came into being. Sharp distinctions are made through a critical examination of inspection documents on the one hand and sixty-six charts which scrutinise every section of the investigative process on the other. The study identifies contingent protectionism in sectors of geopolitical importance, tit-for-tat in the imposition of anti-dumping measures and partiality in the various rates of duties. Furthermore, it identifies malpractices in the determination of negligiblity, normal value, export prices, injury and margins of dumping. The findings shed new light on the functioning of the US International Trade Administration, the DG Trade EU and the PRC Trade Remedy Investigation Bureau. Finally, a solution is sought through the formulation of a new general theory on the detection of sales outside the natural course of world trade and a definition of sales within the ordinary course of trade.

Procedural Requirements of the South African Anti-Dumping Law and Practice Prior to Imposition of Anti-Dumping Duties: Are They Really WTO-inconsistent?

Dumping, which is a form of price discrimination or differential pricing of different units of the same good sold at different prices in different markets, remains a continuing problem for many countries. The World Trade Organisation (WTO) members resort to the imposition of anti-dumping duties or levies to offset the effects of the dumped products on the domestic industry. This article provides a critical analysis of procedural issues in the South African anti-dumping law and practice to determine if it is compatible with the WTO’s Anti-Dumping Agreement (ADA). It particularly focusses on procedural issues prior to the imposition of anti-dumping measures by the South African International Trade Administration Commission. Some authors argue that the South African anti-dumping law and practice is incompatible with its WTO obligations in areas such as the calculation of the constructed export price, the determination of material injury and a causal relationship, the imposition of provisional and definitive anti-dumping duties and the procedure for review. The conclusion provided in this article is that the South African law and application of anti-dumping measure is largely WTO-compliant, particularly on the issues of initiation, investigation and prosecution of anti-dumping complaints.JEL Codes: F10, F13, F14, F19, K33, K41

A paradigm shift in the making: Designing a new WTO transparency mechanism that fits the current era

The rules-based multilateral trading system has been suffering from transparency challenges for decades. The theory of data technology provides a new perspective to assess the transparency provisions on their design, historic rationale, and evolution in light of the multilateral efforts for improvement since the General Agreement on Tariffs and Trade (GATT 1947). The development of frontier digital and data technologies, including mobile devices and sensors, new cryptographic technologies, cloud computing, and artificial intelligence, have completely changed the landscape of data collection, storage, processing, and analysis. In light of the new business models of international trade, trade administration, and governance, opportunities for addressing transparency challenges in the multilateral trading system have arisen. While providing solutions to transparency problems of the past, data technology applications could trigger new transparency challenges in trade and governance. For instance, questions arise as to whether developing countries would be able to access or provide trade information with the same quantity, understandability, and timeliness as more developed countries. This is in addition to the emerging transparency expectations of the current era, with the pandemic as an immediate challenge and the rise of “real-time” economy in a broader context. For the multilateral trading system to stay relevant, innovations for a holistic global mechanism for supply chain transparency, the transformation of council and committee operations, a smart design for technical assistance to tackle the digital divide, automated and real-time dispute resolution options and further integration of inclusiveness and sustainability considerations into trade disciplines should be explored.

The enigma of franchising in China

PurposeAlthough China is among the most populated and fastest growing markets in the world, the reason why China’s franchising scale and scope is so limited remains an enigma. The purpose of this paper is to shed light on franchising in China and offer strategies for practitioners to more effectively operate under a franchise model in the Chinese market.Design/methodology/approachThis paper reviews both literature and practical sources providing some primary data from interviews conducted with franchise industry practitioners in China.FindingsThe findings of this paper are that foreign entrants to China must carefully consider if they should enter the Chinese market through franchising or if the market may be too difficult to navigate. Franchisors, whose brand is unknown in China or have operations that are too Western-centric, should probably seek international markets closer to home. Those with a high value proposition in the local market and the capabilities to adapt effectively to China’s peculiarities may, however, find a promising and profitable niche to operate in.Originality/valueThis paper focuses on the under examined realities of franchising in the Chinese market. Based on the previous experiences of franchisors in China, the paper raises seven practical strategies that practitioners can use to more successfully enter the Chinese market through franchising. Although China is among the most populated and fastest growing markets in the world, the reason why China’s franchising scale and scope is so limited remains an enigma. According to the International Franchise Association and International Trade Administration reports, China is among the top-ranking countries in terms of trade opportunities, with the top 100 franchisor sales estimated at ¥428bn (about US$66bn). China is the largest franchise market in the world, with over 4,500 franchise systems and some 400,000 franchised outlets in over 70 industries. However, considering China’s US$13.6tn (2018) economy, this is still far lower than its full potential. In addition, the scope of franchising is limited and is mostly centered in food and beverage and retail outlets, which consists of approximately 40 per cent of all franchisors.

Ideologies implicated in IT innovation in government: A critical discourse analysis of Mexico's international trade administration

AbstractWe develop a perspective of IT innovation in the public sector as a process that involves three complementary areas of ideology and concomitant dispute: first, the widespread view of e‐government as a transformative force that leads to major improvements of public sector functions for the benefit of society at large; second, ideologies concerning the substantive policies enacted by public sector organizations; and third, ideology regarding public sector modernization. Our research examines how the objectives of IT projects and their actual effects in government are influenced by such ideologies and contestations that surround them. We develop our theoretical contribution with a critical discourse analysis that traces the ideological underpinnings of two consecutive IT projects for the administration of international trade in Mexico. This analysis associates the objectives of the IT projects with the emergence and ensuing contestation in Mexican politics of two ideologies: the first ideology concerns free international trade as imperative for economic development; the second ideology concerns public sector modernization that sought to overcome historically formed dysfunctionalities of public administration bureaucracies by adopting management practices from the private sector. The analysis then identifies the effects of the ideologically shaped IT projects on two key values of public administration: efficiency and legality. The insights of this research on the role of ideology in IT innovation complement organizational perspectives of e‐government; socio‐cognitive perspectives that focus on ideas and meaning, such as technology frames and organizing visions; and perspectives that focus on politics in IT innovation.

DIGITAL TRANSFORMATION ON REGULATORY SUBMISSION FOR DRUG REGISTRATION IN CHINA

HISTORY BACKGROUND OF REFORMS Approximately 25 years ago, could you imagine reserving a room for holidays via clicking on several tabs of the hotel websites? could you imagine purchasing anything what you need at home? could you imagine transferring money or purchasing financial products via non-paper electronic online platforms? could you imagine being present in your virtual classes with online training courses? could the doctors imagine seeing the patients in the online clinics who live in a town within a distance of 300 miles from the hospitals? However, everything turns into realities after decades. Digital technologies are changing our lives and adoption of new internet applications was estimated to account for up to 22 percent of labor-productivity growth by 2025 [1].The costs of global healthcare expenditures were over $7 trillion in 2015 and were forecast to exceed $9 trillion by 2020 as reported by the United States (US) international Trade Administration’s Health IT Top Markets Report [2].

The Curious Case of the Non-co-operating Interested Party in Anti-dumping Investigations in South Africa: A Critical Analysis of Farm Frites International v International Trade Administration Commission

This article critically reflects on the position of the non-co-operating interested party in anti-dumping investigations in South Africa through a detailed study of the case between Farm Frites International and the International Trade Administration Commission. The article finds that the ‘essential facts letter’ is not the only factor under consideration by ITAC in making a final determination of ‘dumping’ in South African law. Secondly, the article finds that the applicant failed to prove it will suffer ‘severe prejudice’ because ITAC is legally entitled to disregard the submissions of a non-co-operating interested party and then to proceed on the basis of the ‘facts available’ or the ‘best information available’ and therefore any prejudice suffered was wholly self-inflicted. In the alternative, the article finds that even in the event that ‘serious prejudice’ was proved by the applicant, the application would nevertheless fail because such ‘prejudice’ could still be undone or remedied by the recommendation of ITAC to the minister and/or by the final decision of the minister.

Investigating the Food and Drug Administration (FDA) Biotherapeutics Review and Approval Process: A Scoping Review

BackgroundBiopharmaceutical products have become an important sector of the pharmaceutical industry in the United States (U.S.). This fast-growing sector is in a critical position in which therapeu...

The Compatibility of South African Anti-Dumping Laws with WTO Disciplines

This article evaluates the compatibility of South African laws on anti-dumping with the WTO disciplines set forth in the Anti-Dumping Agreement. It analyses the provisions of the International Trade Administration Act 2002 and the Anti-Dumping Regulations 2005 to examine whether South Africa has been adhering to its WTO obligations. The South African law on this subject is largely incompatible with its WTO counterpart in matters of, inter alia, the calculation of the constructed export price, the determination of material injury and a causal relationship, the imposition of provisional and definitive anti-dumping duties and the procedure for review. This has in turn resulted in strained relationships between South Africa and the other members of the international community in regard to the procedures adopted during anti-dumping investigations.

A Spring without Water: The Conundrum of Anti-Dumping Duties in South African Law

The Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-Dumping Agreement), permits the imposition of anti-dumping duties for as long and to the extent necessary to counteract dumping which is causing injury subject to the proviso that they must be terminated after five years unless a sunset review has been initiated. Sunset review has the purpose of either permitting or terminating the continuation of an anti-dumping duty. This is significant because if the sunset review is not initiated prior to the expiry of the five year period, the anti-dumping duties will be terminated.
 Therefore, this places a greater emphasis on the determination of the precise date of commencement of the anti-dumping duties. This is because an incorrect determination of the date of imposition of the anti-dumping duty has obvious financial implications for the interested parties. To this end, the Supreme Court of Appeal in South Africa has delivered two salient judgments in this regard: firstly, in Progress Office Machines CC v SARS, and then more recently, in Association of Meat Importers v ITAC. These two cases hinge on the interpretation of the date of 'imposition' of definitive anti-dumping duties particularly where provisional measures are involved, which invariably determines the date of expiry of the duties as espoused by Regulations 38 and 53 of the International Trade Administration Commission Anti-Dumping Regulations.
 This paper contends that these two judgments are conflicting and riddled with inconsistencies. Secondly, the paper contends that the SCA has in the recent AMIE case, virtually rewritten its earlier judgment of Progress Office Machines. Lastly, the paper shows that the approach of South African courts on whether the Anti-Dumping Agreement is binding on South African law, is fraught with uncertainty and an ambivalence .The case analysis also reflects on the impact of the newly minted but yet to be implemented, Customs Duty Act, with a view to assess the impact of the new legislation on the issues currently plaguing the anti-dumping regime of South Africa. 
 

China looks to streamline drug approvals

China’s Food & Drug Administration has disclosed draft rules that could significantly simplify the process that foreign drug manufacturers must go through to register their products. At present, new drugs are often launched in China years after they are available in other countries. China is the world’s second-largest drug market but one where foreign firms have struggled with regulations on new products, according to the U.S. International Trade Administration. Worth $108 billion in 2015, the Chinese pharmaceutical market will grow to $167 billion by 2020, the agency expects. Outlined in a document less than one page long, the proposed reform notably discusses doing away with a requirement for foreign firms to delay their clinical trials in China until after they have initiated Phase II clinical trials of a drug’s effectiveness in another country. In addition, foreign manufacturers would not have to undertake country-specific clinical trials in China, as long as