On August 2, 2024, the U.S. Department of Commerce (the Department) determined that the Socialist Republic of Vietnam (Vietnam) continues to function as a non-market economy (NME) and will continue to be treated as such for...more
In a landmark decision on June 28, 2024, the U.S. Supreme Court issued a 6-3 opinion in Loper Bright Enterprises et al. v. Raimondo (Loper Bright), overturning the four-decades-old deference doctrine established in Chevron...more
7/1/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Magnuson-Stevens Act (MSA) ,
National Marine Fisheries Service ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation ,
Vessels
On May 14, 2024, the Biden Administration announced that it will seek to increase tariffs on $18 billion in imports from China under Section 301 of the Trade Act of 1974. The Administration’s action is based on...more
On March 25, 2024, the U.S. Department of Commerce (Commerce) issued a final rule designed to “improve, strengthen and enhance” its antidumping (AD) and countervailing duty (CVD) regulations. The final rule largely adopts...more
On December 28, 2023, the White House published presidential proclamations extending the tariff-rate quotas (TRQs) in place on imports of steel and aluminum products from the European Union (EU) until December 31, 2025....more
On May 9, 2023, the U.S. Department of Commerce (Commerce) issued new proposed regulations aimed at improving and strengthening the enforcement of trade remedy laws. Several of the proposed regulations represent significant...more
On March 31, 2023, the Office of the U.S. Trade Representative (USTR) released the 2023 National Trade Estimate Report on Foreign Trade Barriers (NTE Report). USTR highlights an array of trade barriers in more than 64...more
In a January 27, 2023 statement before a meeting of the World Trade Organization (WTO) Dispute Settlement Body, the United States indicated that it would appeal a series of recent WTO panel reports finding that its 2018...more
2023 is expected to be a tumultuous year for trade in the advent of a new Congress and series of trade policy measures that were implemented in 2022. What will the 2023 trade agenda and playing field look like coming from the...more
1/20/2023
/ Biden Administration ,
China ,
Consolidated Appropriations Act (CAA) ,
Exporters ,
Importers ,
Inflation Reduction Act (IRA) ,
Semiconductors ,
Trade Negotiations ,
Trade Relations ,
US Trade Policies ,
Webinars
The U.S. Treasury Department (Treasury) and the Internal Revenue Service (IRS) published six notices on October 5, 2022, requesting comments on various provisions in the Internal Revenue Code (Code) related to energy tax...more
10/14/2022
/ Apprenticeships ,
Carbon Capture and Sequestration ,
Comment Period ,
Electric Vehicles ,
Energy Projects ,
Energy Tax Incentives ,
Inflation Reduction Act (IRA) ,
Internal Revenue Code (IRC) ,
Investment Tax Credits ,
IRS ,
Nuclear Power ,
Prevailing Wages ,
Renewable Energy ,
U.S. Treasury
On August 1, 2022, the Office of the U.S. Trade Representative (USTR) filed remand results with the U.S. Court of International Trade (CIT) in a major litigation over the lawfulness of import duties levied on Chinese goods...more
On June 27, 2022, the Biden Administration announced a new round of economic measures it is imposing in response to Russia’s invasion of Ukraine. The White House made the announcement in concert with the G7 leaders’ meeting...more
6/29/2022
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Embargo ,
Executive Orders ,
Export Controls ,
FinCEN ,
Gold ,
Office of Foreign Assets Control (OFAC) ,
Presidential Proclamations ,
Russia ,
SDN List ,
Tariffs ,
Trade Relations ,
Ukraine
In this webinar, attorneys from our International Trade group will provide the latest overview of:
- The current state of U.S. trade remedy laws and the Biden Administration’s implementation and enforcement of those...more
On May 5, 2022, the U.S. International Trade Commission (the ITC) issued a draft Federal Register notice detailing the schedule for a new general fact-finding investigation into the economic impact of Section 232 and Section...more
On February 15, 2022, the Biden Administration announced significant new initiatives to advance cleaner manufacturing sectors in the United States. These actions will support U.S. climate goals, competitiveness in the...more
2/16/2022
/ America Competes Act ,
Carbon Capture and Sequestration ,
Carbon Emissions ,
Climate Action Plan ,
Department of Defense (DOD) ,
Department of Transportation (DOT) ,
Electricity ,
Environmental Policies ,
Hydrogen Power ,
Industrial Discharges ,
Infrastructure Investment and Jobs Act (IIJA) ,
Joe Biden ,
Low Carbon Fuel Standard ,
Manufacturers ,
OMB ,
Recycling ,
Supply Chain
On January 6, 2022, Lisa Wang was sworn in as Assistant Secretary of Commerce for Enforcement and Compliance. The U.S. Senate confirmed Wang on December 16, 2021 by voice vote. Wang will be responsible for overseeing the...more
After more than a year of debate in the U.S. Congress as to the scope and enforceability, the Uyghur Forced Labor Prevention Act (UFLPA or Act) passed Congress with strong bipartisan support. President Biden has publicly...more
12/28/2021
/ China ,
Corporate Counsel ,
Customs and Border Protection ,
Forced Labor ,
Goods or Services ,
Imports ,
Joe Biden ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
PRC ,
Rebuttable Presumptions ,
SDN List ,
Secretary of Commerce ,
Supply Chain ,
Tariff Act of 1930 ,
United States-Mexico-Canada Agreement (USMCA) ,
US Department of State
In this session, Simmons’ and Wiley’s international trade and national security attorneys discuss the current trade relations between the United States and the United Kingdom, one year into the Biden Administration. They’ll...more
12/8/2021
/ Biden Administration ,
CFIUS ,
Coronavirus/COVID-19 ,
Export Controls ,
Exports ,
Foreign Investment ,
Tariffs ,
Trade Relations ,
UK ,
UK Brexit ,
US Trade Policies ,
Webinars
Reps. Terri Sewell (D-AL) and Bill Johnson (R-OH) have introduced bipartisan legislation to strengthen U.S. trade remedy law and equip administering authorities with new tools to address unfair trade practices. The...more
12/3/2021
/ Anti-Dumping Duty ,
China ,
Cross-Border ,
Duties ,
Evasion ,
Imports ,
Investigations ,
Proposed Legislation ,
Subsidies ,
U.S. Commerce Department ,
Unfair Trade Practices Act
On October 5, 2021, the Office of the U.S. Trade Representative (USTR) posted a draft Federal Register notice soliciting comments regarding the reinstatement of certain previously-expired exclusions from the Section 301...more
U.S. Trade Representative (USTR) Katherine Tai outlined the Biden Administration’s long-awaited U.S.-China trade policy at the Center for Strategic and International Studies (CSIS) on October 4, 2021....more
On September 24, 2021, the Department of Commerce announced that its Bureau of Industry and Security (BIS) is investigating whether imports of neodymium-ironboron (NdFeB) permanent magnets, or rare earth magnets, undermine...more
9/30/2021
/ Bureau of Industry and Security (BIS) ,
Comment Period ,
Critical Infrastructure Sectors ,
Government Investigations ,
Imports ,
National Security ,
Rare Earth Metals ,
Section 232 ,
Supply Chain ,
U.S. Commerce Department ,
US Trade Policies
On Monday, September 20, 2021, the Department of Commerce (Commerce) published its Final Rule modifying regulations affecting certain antidumping (AD) and countervailing duty (CVD) proceedings. Commerce proposed these...more
On July 19, 2021, Senator Chris Coons (D-DE) and Representative Scott Peters (D-CA) introduced legislation that would create a border tax on carbon-intensive imports. The carbon border adjustment proposal is part of the...more
On July 13, 2021, the U.S. Court of Appeals for the Federal Circuit (CAFC) released its opinion in an appeal concerning Section 232 duties on Turkish steel products. In a 2-1 decision, the appeals court reversed a lower court...more