IBUS 415 Exam 1 (Ch. 1,2,3,8,9,10)

A document prepared by a manufacturer or exporter/shipper attesting to the geographic place (i.e., nation) where goods were made is called a:

Certificate of origin

One of the principles of the WTO is that whereby members must eliminate quoatas and other non-tariff barriers and convert them into tariffs. This is called:

Tarrification

US companies have a special concern with violation of their intellectual property rights. Given your company's special concerns with protecting its IP rights, before you enter a foreign company (Country A) with the intent to trade a product made by your company, you should see if:

Country A on the USTR's watch list or priority watch list

The court of record with original jurisdiction to hear a dispute about the trade or tariff laws of the US is:

Court of International Trade

Which statement below is true? a. Parties can never agree to both mediate and arbitrate the same dispute. b. An arbitrator helps/facilitates the parties to enter into their own settlement agreement. c. A mediator makes a final and binding award between the parties. d. An arbitrator makes a final and binding award between the parties.

An arbitrator makes a final and binding award between the parties.

Currency controls in a host state may restrict or prohibit the foreign investor from:

Repatriating profits to home state

A states' authority to tax a business engage in foreign commerce may be determined by whether or not the imposed tax:

Results in multiple taxation

A type of currency risk related to fluctuations in relative value of two currencies when buyer and seller are in different countries

Exchange rate risk

Choice of law clauses in international business contracts are often used in conjunction with _____________________.

Forum selection clauses

You are the chief official in designing US trade policy. You wish to erect non-tariff trade barriers to Greek wine entering this country. This is politically sensitive given Greece's financial condition. Which strategy is the "sneakiest" and least likely to be made a political issue by angry Greek politicians?

Hidden or extra "red tape" in the importing process that causes delays

You are in charge of tariff policy for your country. You are asked to place an import restraint on products from a politically-allied nation. The restraint must be subtle and most difficult to detect and be "safe" from attack in the press. Your best suggestion is to implement:

Use of indirect non-tariff barriers by administrative regulations which are facially neutral but which impact imports by ally negatively as applied

Countries must rely on internationally accepted standards or recommendations for the protection of plants, animals and foodstuffs. The most notable standards are:

Codex Alimentarius Commission standards

Nations that agree in writing in advance to submit certain cases to the ICJ are said to have submitted to ______.

Compulsory jurisdiction

When the US Congress enacts a scheme of legislation or regulation in an area that prevails over inconsistent state regulation, the acts of Congress will prevail under the:

Doctrine of federal preemption

A basic right of WTO membership is that a country must treat goods and services from all WTO members:

Equally and without discrimination

A foreign entity organized under the laws of the host state but owned and controlled by the parent corporation in the home country of the investor is a:

Foreign subsidiary

Your business is in Country A. You wish your company to manufacture products for export into a very "pro-environmental" Country B. In order to be a successful exporter, you likely need to establish corporate compliance with your own local, state and federal environmental laws. This will enable you to obtain a "certification" of compliance with:

ISO 14000

An example of a treaty automatically creating legal rights in the courts of a signatory state includes

Montreal Convention for the Unification of Certain Rules for International Carriage by Air

Nigeria is a member of the United Nations. As all members of the UN, it has ratified the Charter of the UN. It has a border dispute with Chad that sues Nigeria in the International Court of Justice seeking an adjustment of its borders. Must Nigeria as a member be bound by the future decision of the ICJ in that case?

No, if it terminates any prior agreement to compulsory jurisdiction

If you are asked which nations below are NOT a signatory to the Rome Statute of the International Criminal Court, which is your best response?

None of these three states are signatories (Iran, US, China)

ISO 9000 is a standard intended to ensure:

Product quality through the product design and manufacturing process

Non-tariff barriers to foreign trade include _______, which are used to quantitatively restrict the number of defined items that can enter into a country:

Quotas

The New York Convention is signed by 150 nations. It relates to

The recognition and enforcement by courts of foreign arbitration awards

Rules determining the geographic location of a court of competent jurisdiction to hear a case are called ____________________.

Venue

ABC Company has a contract dispute with DEF Company. There was an arbitration clause in their contract. ABC arbitrates their claim, but DEF wins. ABC is very angry, and wants to know if they have to pay the award. Generally speaking, they must do so unless:

ABC can prove misconduct or fraud by the arbitrator

ABC Company in the US negotiates a contract with Ajax company (Ajax) located in Finland to sell it tractors. Ajax will sell the tractors through its network of stores in Finland. The parties agree that in the event of a dispute, resolution will be in the courts of Germany located in Berlin. There is a dispute and Ajax files its lawsuit in Berlin. What result is most likely?

ABC will object that the forum chosen has no relation to the transaction, and thus the clause is invalid, and the court will likely agree

In an export/import transaction the most common concern of the seller (particularly when not sure of the buyer's organization statutes and stability) is:

Payment or credit risk

The Full Faith and Credit Clause of the US Constitution requires:

US courts to recognize the public acts, records and judgments of other US states

Company A in the US sells and exports widgets to Nigeria. The US lowers its tariff on foreign-manufactured widgets from 6.0% to 4.0%. Company A will then pressure the US to demand:

A reciprocal tariff concession from Nigeria on widgets or similar imports

Multilateral treaty

A written and binding agreement between three or more countries given effect under international law

WTO members, when setting valid restrictions on trade, should make them no more onerous than necessary to achieve the goals for which they are imposed. This is called the principle of:

Least restrictive trade

A formal request for service of process through diplomatic channels to be accomplished through a foreign court on a defendant in that foreign jurisdiction is called:

Letter rogatory

When nations attempt to minimize or eliminate technical barriers to trade, they use various methods to achieve this goal except _______.

Tariff concessions

All of the different "Rounds" of multilateral trade negotiations had the same goal of:

Trade liberalization

_____ is not a non-tariff trade barrier.

Unconditional MFN trade

In the famous case involving the Union Carbide plant explosion in Bhopal, India the US federal declined to assert continuing jurisdiction to hear many Indian victims' claims for personal injury or death on the basis of:

Applying the doctrine of forum non convenient

The _____ vests the federal government with exclusive control over foreign commerce.

Commerce clause

The shipment of goods out of country and the rendering of services to a buyer located in a foreign country is called:

Exporting

US Alien Tort Statute

Gives federal courts in the United States jurisdiction over civil claims for damages brought by non-US citizens for torts committed against them by other non-citizens outside the US

Personal jurisdiction can be obtained by:

Lawful service of process on defendant

______________ refers to the extent in which government regulations, product standards and technical requirement are made readily available to the domestic public, as well as foreign firms.

Transparency

American Shoe Company (ASC) has a factory in Pakistan. There is an explosion there when a gas line breaks and six Pakistani employees are killed. They file a lawsuit in New York (where the company has its headquarters.) This appears to be a case where the lawyers for the deceased workers are motivated to engage in:

Forum Shopping

The common law system

In the legal systems of the United Kingdom and United States, the reasoned decisions of judges become the law controlling the case, and the precedent of similar cases is binding on future cases.

Idaho Battery Inc. (IB) makes millions of batteries for generating power for a variety of small consumer items. All batteries are manufactured in Boise, Idaho. It enters into a contract with Juno of Rome, an Italian company owning many department and equipment stores in Italy, whereby Juno sells the batteries made by Idaho Battery to Juno's many customers at store locations. Which statement below is true about this arrangement?

Juno is a foreign sales distributor of IB products and does obtain title to the IB product before they are resold

Venezuela provides a recent example of a host state attempting to restructure its economy by transferring foreign investor assets to itself. This is called:

Nationalization

The Import-Export Clause of the US Constitution specifically prohibits states from taxing:

Both imports and exports

The primary source of customary international law rules for interpretation of treaties is:

Defined in the Vienna Convention on the Law of Treaties.

In 1944, the allied nations met at the Breton Woods Conference and out of concern with the "post-war" economies of the nations of the world created:

International Monetary Fund and World Bank

The US Buy American Act requires federal agencies to purchase goods of US origin in a preference to foreign-sourced goods. Exceptions to the Act which allow the purchase of foreign goods do not include:

The foreign manufacturer is in a NATO member country

A law granting favorable tariff treatment to imports for developing countries is called a:

Trade preference

The most important international IP organization fostering government cooperation in developing IP policies and laws and assisting in the resolution of disputes via arbitration is:

World Intellectual Property Organization

ABC Company makes furniture. It seeks to protect itself to the greatest extent possible from the expense and time of litigation by injured users of its product. It will likely place alternate dispute resolution clause on the back of each item of furniture that states injured user-purchasers parties must _____ for any claims for personal injury:

Arbitrate

A multinational, private German company makes cars in many locations around the world. The parent company in Berlin owns many foreign subsidiaries that provide car manufacturing and related service to other subsidiaries and joint ventures. A wholly-owned subsidiary in New York provides component manufacturing services and sells them to an unrelated company in California. There is a dispute under that contract, and the California company sues the US subsidiary (USS) and also the German parent company in California court. The Berlin parent company (BP) claims no personal jurisdiction exists over either USS or BP and tries to dismiss the case on that basis. You are the judge, what issues do you focus on to decide the case. How do you decide and why?

BP only can be dismissed from the case for lack of jurisdiction

Country A wants to impose a quota on imports of cars from foreign manufacturers in specific countries but wishes to ensure that one country and its manufacturers do not come to dominate the market on imports by using for itself too much of the entire quota allowed for that group. You should suggest that Country A implement a(n):

Allocated quota

The President is concerned with fighting terrorism by tracking and stopping funding of terrorist groups who use the US banking system. He wants to know which agency he should speak to about this narrow issue broadly within the world of foreign trade. To which agency or group should he speak to?

Bureau of Financial Crimes Enforcement Network (FinCEN)

The US wishes to publish its tariff rate on a product. There is some need for flexibility in the US rate determination predicted, so you advise that the easiest strategy is to publish a specific "ceiling" rate and use discretion to reduce rate as appropriate. This "ceiling tariff rate" is called:

The bound rate

The Trade Reform Act of 1974 created a "fast track" process for approving trade agreements, known as the president's:

Trade promotion authority

You wish to export certain high-tech consumer products to South Korea. You are unsure of Korean technical standards for the products and have no access to a local, reliable Korean-English translator. You need a good English translation. What is a good place for you to check into obtaining one?

American National Standards Institut

You are engaged with several nations as a trade representative of your country to create a free trade area agreement. As an example to argue in favor of such arrangement, you would cite any of the below as a success story of such structure except:

Caribbean Basin Initiative

WTO agreement have extended WTO principles to a variety of services but have generally not significantly affected "patchwork" domestic regulations about:

Licensing of foreign professionals

Company A owns intellectual property (IP) and agrees in writing to let Company B use that property for a specified purpose only. Company A and Company B are (in order)

Licensor and licensee

A free trade agreement usually refers to one with:

A "free trade area" providing favorable tariff treatment, often based on geography

The Foreign Sovereign Immunities Act of 1976 generally prohibits jurisdiction by US courts to hear lawsuits filed against a foreign state unless an exception exists to that principle such as:

Commercial activity

You are a trade representative for the US at a negotiation for reducing trade barriers on agricultural products imported from Country A. You wish to stop A's government from being too involved in its agricultural sector by helping out domestic farmers. This means you must place on the negotiating table the topic of:

Country A's domestic subsidies for farmers

Allen is a US citizen. He is a pirate and roams the Caribbean in his vessel with his fellow pirates looking for a vessel to attack. The "American Glory" is a vessel registered and operating under US laws. Allen's group of pirates boards that vessel and robs the passengers of all their cash and valuables. Allen departs the vessel with his loot and ultimately is captured in Brazil a month later where he is hiding out. He can be prosecuted in Brazil in the basis of the courts:

Universal jurisdiction

The WTO Agreement on Government Procurement (AGP) enacted in 1994 has been applied to:

Upgrade and liberalize procurement practices in large-scale government procurements

_______ is a nongovernmental organization which has developed over 21,000 standards for goods, services, manufacturing and technology. Its goal is to foster international trade by creating a "common language" for standards and technical requirements.

International Organization for Standardization

A US citizen (individual or company) owes a duty to pay income taxes no matter where the income was earned. Which is the basis for exercise of this power to collect such tax by the United States?

Nationality jurisdiction

California Stove Company (CSC) owns a patent on special technology for making its stoves sold in the United States. CSC decides to license its patented technology to Ecuador United (EU) in that country which also makes appliances. EU will use CSC technology to make the stoves and sell them to customers all over Chile for any price it determines. Under this licensing arrangement, EU pays to CSC an up-front fee of $50,000 for entering into this arrangement. For one year per their license agreement, CSC will receive a 10% royalty on sales revenue generated by EU from sales of its stoves made under the agreement. Over the course of that year, EU sells stoves having a total sales price of $1,000,000 (exclusive of sales taxes) and actually collects $800,000 of that amount from its customers. At the end of the year, EU will have paid CSC in total consideration under their arrangement the amount of:

$130,000

Your government asks for advice. It wishes to place a financial barrier on the entry of lace-up shoes being exported into the country by foreign manufacturers. It is intended to be a simple-to-enforce financial barrier. You suggest the easiest and simplest type tariff called a:

A global, flat tariff

Territorial jurisdiction

A nation has clear power over all persons (citizens and non-citizens), places and power within its geographical area, airspace or defined waters

Miami places a "Port tax" on services provided by the port authorities to vessels entering the port from any destination, e.g., entry taxes, inspection charges, wharf fees, etc. Is this constitutional?

Yes, under the precedent of Department of Revenue of the State of Washington case

The case of Liechtenstein v. Guatemala decided by the UCJ in 1955 focused on the concept of:

Diplomatic protection

Salomon Electronics in the United States makes small power generators for kitchen appliances. It distributes these parts through a chain of hardware stores in Mexico called Hardware Supplies of Yucatan (HSY) which "passes" on for re-sale of the goods as received from Salomon. HSY customers buy the generators, many which explode or catch on fire when turned on. With a lawyer, these customers sue Salomon in US court for breach of contract, torts and applicable warranties. Salomon moves for transfer of the case to Mexico under forum non conveniens. If you were the judge, what would be the result of this motion?

Keep jurisdiction over the case and deny the motion, allowing Mexican plaintiffs their US court trial

John is a citizen of the US. He enters into a contact with a French catering company called "Amuse Bouche" that caters events. They fail to fulfill their contract obligations to him. He looks for the law giving him a right to get a remedy (i.e., money damages). This dispute on its face appears to be a question of:

Private international law

Colombia taxes sales of tobacco products sold in that country. The tax is different for differently-classified products. Cigarettes are generally taxed on their sale at 15% while "menthol cigarettes" are taxed at 25%. Most cigarettes classified as "menthol" are made by foreign companies who pay the same tariff rate upon import into the country of cigarettes of any kind, i.e., there is no higher tariff for "menthol cigarettes." The foreign "menthol cigarette" makers claim this sales tax is discriminatory. What are best arguments for either side's positions?

Colombia can claim nondiscrimination since tariff rates are equal on all products

The Uruguay Round from 1986 to 1994 ushered in significant changes to international trade regulation. These changes included all of the following except:

Elimination of all non-tariff trade barriers

Allemande Group is a German company (AG.) It makes computer parts and sells then to a Finland company (FC) that installs them in laptops which it sells to customers worldwide through online efforts and distribution stores. A high school student in New Jersey is injured when his laptop bought from FC online explodes and burns him. He sues AG and FC in New Jersey court. Both companies move to dismiss on the basis of lack of personal jurisdiction. How do you decide and why as the judge?

Only AG should be dismissed

You head a large, agricultural US company growing many products. A consultant is retained to identify potentially profitable export opportunities. He will likely advise you that exporting _______ into ______ has often provoked much resistance. Domestic product self-sufficiency and cultural pride are factors there making this a challenging difficult export opportunity to achieve success. The blanks are in order:

Rice ... Japan

Oregon imposes an ad valorem property tax on cargo containers owned by a Japanese company. They are located only several weeks a year in the state and exclusively used for international commerce. A major Japanese port city places the same type tax on American-company owned containers located briefly (a few weeks of the year) in Japan. The Japanese company argues that the Oregon state tax imposed is not in compliance with US law and constitutional provisions. What is the strongest argument you as lawyer for the state can make tax is compliant?

Tax in question is "reciprocal" to pre-existing Japanese city tax applied to American company containers. Japan Line, Ltd. vs County of Los Angeles can be distinguished as no such taxation in Japan occurred

Joel Filartiga is an outspoken opponent of the regime in political power in Venezuela. He was warned to be quiet but continues to protest against the president. One night he is kidnapped by private "security guards" who work for a wealthy Venezuelan businessman called Pena Irala. He is taken to a basement and tortured. Filartiga eventually escapes and has severe injuries for life. Years later, he learns that Irala is living in Miami. Filartiga sues Irala in federal court under the Alien Tort Statute alleging Irala and his employees committed a tort (e.g., battery, infliction of emotional distress) in violation of the law of nations. Irala says lawsuit must be dismissed and has no merits and ATS does not apply. You are the judge but how do you decide?

This case is without merit under Sosa precedent which limits claims under ATS to only "well-defined norms 'of international law which principally involve states or nations, and is not a broad grant of jurisdiction for individual plaintiffs seeking relief

ABC Company in Memphis makes motorcycles at its plant there. It is considering the benefits of selling its motorcycles in the market of motorcycle riders in Brazil (estimated to be 5,000,000 new potential customers). Which is the LEAST risky way it can enter the Brazilian motor cycle rider market?

Entering into a foreign sales distribution agreement with a local owner of stores selling motorcycles

Maine Jeans of Joy, Inc. (MJJ) is in Portland and manufactures blue jeans with its special logo on the jeans and sells them nationwide. It fills an order which is placed on its Internet website by an Idaho company (ZUMA) that is for 50,000 pair of jeans. The jeans are shipped to ZUMA's facility in Boise but are of inferior quality. ZUMA uses local legal counsel to sue MJJ in Idaho State civil court for contract breach. What is the best and most common jurisdictional defense in a typical case like this that MJJ can assert?

MJJ has no "minimum contacts" with Idaho and thus there is no personal jurisdiction by the Idaho court over it

In 2017, Country A has a law banning the importation into the country of foreign-made cigarettes containing chocolate as a way to reduce smoking by children. It asserts this is justified on broad power of a government to restrict foreign imports "necessary to protect human, animal or plant life or health." Many companies in US make chocolate-flavored cigarettes. Flavored Cigarettes Company of the US (FCC) complains this ban by Country A it is unfair and seeks resolution. If you are on the Board, what arguments do you anticipate from the parties?

Country A will want to direct court's attention to what else Country A does to reduce use of cigarettes by children e.g., campaigns against this in schools, advertising on media and distinguish from Thailand case facts where little of such activity occurred. It will claim ban on imports is "necessary" as least restrictive way to accomplish goal and cite all scientific research in its favor since Thailand decided in 1980

Texas Shoe Company in Dallas manufactures footwear there. It enters into a two-year contract to sell its boots to Barunia, an Asian nation that uses the boots for its military. The sales price of each pair of boots, as of the June 1, 2016, date of the contract, is fixed for the duration of the contract at 13.00 Baruns which is equal to $10.00 USD at that time. On June 1, 2017 at then current currency exchange rates $10.00 USD equals 15.00 Baruns. As of that date whose economic interests have been most negatively affected by Texas Shoe Company agreeing to accept payments in Baruns?

Texas Shoe Company

India imposes special licensing requirement for many imported goods. The application for a special license must be made by an "Actual user." If a wholesaler or distributor applies for a license, the license is "capped" to a total monetary amount measured in SDRs, e.g., value of resales by licensor may not exceed a negotiated SDRs amount. A license terminates after resales exceed that amount but can be renewed by another, separate application. The US complains to WTO that these licensing restrictions are discriminatory and against WTO principles. What is the best argument US and Indian lawyers can make for their positions?

US will claim prior India case controls. Allowing complete discretion for India to set monetary limits on licenses it grants to distributors is a superficial change and is overly-restrictive. It accomplishes the same unreasonable barriers to trade protections as did prior case struck down by the Settlement Panel

Mexican Sandals (MS) is a company in Mexico City that makes shoes and sandals. It purchases 5,000 pairs of sandals made by a low-quality sandals manufacturer called Reggio, an Italian company that makes all its products in Rome. MS enters into a contract selling its Reggio-made sandals to ABC Company in the United States. The goods are delivered to ABC Company in Houston with a Certificate of Origin (CO) specifying Mexico as the nation where the sandals were made and which is a requirement for the sandals to receive favorable tariff treatment upon import into the US. The sandals are of poor quality and ABC refuses to pay for them, believing the Certificate of Origin to be false and a misrepresentation. MS sues ABC Company in US court for failure to pay the purchase price. What is the result?

The court will dismiss the claim since it is contrary to public policy to enforce a contract for payment of "fake" goods

Paul operates a vessel in international waters (i.e., in the high seas) off the coast of Texas. It acts as his floating base for illegal drug manufacturing operations, and after the drugs are made he sells his product to other individuals who come to his vessel and buys the drugs for which they will smuggle into the US and sell illegally. Paul is never at any time on US land, or within the US territorial sea or airspace. However, US law enforcement staff arrest him on the vessel. He is prosecuted in a US court on the basis of that court's:

Territorial jurisdiction based on "effects" inside US of Paul's acts

A means to prevent multiple taxations by a state or a multinational corporation is to offer the taxpayer a:

"Water's edge election"

One of the main principles of the GATT system was a commitment by nations to:

Conduct of regular multilateral trade negotiations

A balance-of-payment deficit arises:

When nation's outflow of foreign exchange exceeds it receipts in its own currency

Company A in the US makes widgets and exports them to Cambodia under a trade agreement. A local widget maker in Cambodia comes into political power and the country raises it tariff on widgets above the bound rate. Company A is furious. Its quickest remedy is likely:

Complain to the US Trade Representative by filing a "Section 301 Petition" and assert that this is matter for mandatory retaliation

A famous example of US law that motivated other counties to implement retaliatory tariffs which as a result hurt the US economy during the Depression was:

Smoot-Hawley Tariff Act

Joel is the leader of a criminal gang responsible for robbing over a dozen banks in Italy, killing several policemen, and in general terrorizing communities all over northern Italy. He is finally caught by the police. Can he be prosecuted in the International Criminal Court (ICC)?

no

A widget is imported into the US from South Africa. Once in the US, it is transported via rail from the entry port to Chicago. It has imposed on it then a special "Foreign Product Transportation Fee" that is not placed on transported products of domestic manufacturers. This is deemed inconsistent and invalid under:

"National treatment" principle of GATT

Country A is in trade agreement with countries B, C, D, and E. All states have MFN status. A lowers its tariff on car engines imported from country B by 2.0%. C, D, and E do not reciprocate by lowering their barriers yet receive same reduced tariff as B. This agreement is called:

An unconditional MFN trade agreement

Based on its economic growth in the past decade or so and global impact, the most significant admission into the WTO of a new member was in 2001 with the admission of ____________.

China

China has a large agency ensuring quality of goods entering that country. Any exporter must appreciate that goods exported to China cannot enter the country unless they have the:

China Compulsory Certification Mark

Prior to formally requesting binding dispute resolution with the WTO Dispute Resolution Body, the party complaining about a tariff violation must:

Conduct trade consultations with the offending party at the WTO

John wants to go into business as an international trading company like the famous Japanese trading companies. He wants to bring together several US companies that make sporting goods and export their products to Mexico, with the power to determine which products are sold in what areas in Mexico and the prices to be charged to Mexican buyers. What are special US law uses he may need to be made aware of in his efforts?

If anti-trust law prohibits these activities in Mexico just as US, law may do so inside US

Ellen and Ann are sisters. Ellen lives in Tarrant County, Texas and Ann lives in Mexico. They inherit a 200-acre tract of land located in Smith County, Texas. There is very confusing language in the Will left behind by their father and each of them now claims they are the sole owner of the land. Ellen files a lawsuit in Smith County, Texas court asking the court to determine title to the land and claims it must determine such based on the law that she is its sole owner. The Texas court will likely assert that it has _______:

In rem jurisdiction to hear this dispute

You are asked by your local Congressman what the status of the Trans Pacific Partnership Agreement (TPP) is as of June 2017. How do you respond?

It remains in effect but the US is not a member, and China has never been member

ABC Company owns and manufactures appliances from its plant in Arlington, Virginia. It decides to open a new operation in Chile under Chilean law making appliances and selects William to be its local partner in Chile. William invests 20% of his own money of total startup costs for the Chilean entity, which is called a:

Joint Venture

A plaintiff in a lawsuit in a state court must prove that an individual or corporate defendant sued in the lawsuit has ______ in order to obtain personal jurisdiction over that defendant.

Minimum contacts with the forum state

Susan is a US citizen. She owns a 50-acre tract of farmland in Mexico. Mexican law enforcement personnel constantly harass her, threaten to arrest her, and eventually detain her in a prison where she was tortured until she agrees to sell her land at a below-market price to local landowner. She angrily returns to the US and writes her elected officials asking the US government to help her and right the wrong she has suffered. Which is her best remedy or at least a place to start with reasonable prospect of a court remedy?

Seeking diplomatic protection from US government and asking it to file a case seeking damages in the appropriate forum

Country A imposes an import tax on fungible goods such as oil, wheat, or timber that enter specially from country B. This is likely called a:

Specific or flat tariff