On August 18, 2023, the US Department of Commerce ("Commerce") issued its final affirmative determinations that solar cells and modules completed in Cambodia, Malaysia, Thailand, or Vietnam (collectively, "Southeast Asia")...more
8/23/2023
/ Anti-Dumping Duty ,
Biden Administration ,
Cambodia ,
China ,
Countervailing Duties ,
Imports ,
Malaysia ,
Plastic Solar Cells ,
Popular ,
Solar Panels ,
Thailand ,
U.S. Commerce Department ,
Vietnam
Two sets of exclusions from the Section 301 tariff actions against China are currently set to expire on September 30, 2023, leaving companies uncertain about future import costs. USTR has not yet indicated whether it intends...more
In the world of shifting geopolitical tensions and supply chain vulnerabilities exacerbated by the COVID-19 pandemic, the push for mineral & metal security is changing the way governments, regulators, sector participants and...more
The application of the EU's Carbon Border Adjustment Mechanism ("CBAM") is fast approaching for importers and manufacturers of products in the cement, fertiliser, iron, steel, aluminium, hydrogen and electricity producing...more
On May 3, 2023, the Senate approved a bill that would undo President Biden’s two-year delay on the imposition of antidumping and countervailing duties on imports of solar panels from Cambodia, Malaysia, Thailand, and Vietnam....more
5/8/2023
/ Anti-Dumping Duty ,
Biden Administration ,
Cambodia ,
Countervailing Duties ,
Green Energy ,
Imports ,
Malaysia ,
Manufacturers ,
New Legislation ,
Presidential Veto ,
Reversal ,
Solar Energy ,
Solar Panels ,
Tariffs ,
Thailand ,
Vietnam
On April 17, 2023, the US Department of the Treasury ("Treasury") and the Internal Revenue Service ("IRS") published the Notice of Proposed Rulemaking for the Section 30D New Clean Vehicle Credit (the "Proposed Rules") to the...more
On December 13, 2022, the Council of the European Union ("the Council") and European Parliament came to a provisional agreement on the final text of a Carbon Border Adjustment Mechanism ("CBAM") regulation. The compromise...more
On February 24, 2023, the US government announced a new round of trade actions targeting goods and entities from Russia. The new actions, which coincide with the one-year anniversary of Russia's invasion of Ukraine,...more
3/1/2023
/ Aluminum Sales ,
Biden Administration ,
Economic Sanctions ,
Executive Orders ,
Export Controls ,
Exports ,
G7 ,
Imports ,
Metals ,
Mining ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Tariffs ,
Trade Expansion Act of 1962
The United States, the European Union, and Germany have recently adopted or proposed new rules requiring enhanced due diligence in supply chains, targeting human rights and environmental issues. This alert examines key...more
2/24/2023
/ Civil Monetary Penalty ,
Compliance ,
Customs and Border Protection ,
Due Diligence ,
Enforcement ,
Environmental Social & Governance (ESG) ,
EU ,
Forced Labor ,
Germany ,
Human Rights ,
Imports ,
Penalties ,
Popular ,
Proposed Rules ,
Supply Chain ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Withhold Release Orders (WROs)
A recent (February 9, 2023) US Court of International Trade ("CIT") remand opinion, Meyer Corp., US v. United States, has revived various global supply-chain apprehensions that a previous (August 11, 2022) reversal by the US...more
The United States has added yet another customs tool in its ongoing work against forced labor in supply chains. Following on the heels of the Uyghur Forced Labor Prevention Act ("UFLPA") and an uptick in Withhold Release...more
The European Parliament and Council of the European Union have reached an agreement on the text of the EU Carbon Border Adjustment Mechanism regulation and the directive providing an updated EU Emissions Trading System....more
12/28/2022
/ Carbon Emissions ,
Carbon Taxes ,
Climate Change ,
Emissions Trading System ,
Environmental Policies ,
EU ,
European Commission ,
Greenhouse Gas Emissions ,
Imports ,
Popular ,
Supply Chain
On December 8, 2022, the US Department of Commerce ("Commerce") published its preliminary determinations that solar cells and modules completed in Cambodia, Malaysia, Thailand, or Vietnam (collectively, "Southeast Asia")...more
12/16/2022
/ Anti-Dumping Duty ,
Cambodia ,
Certifications ,
China ,
Countervailing Duties ,
Imports ,
Malaysia ,
Plastic Solar Cells ,
Solar Panels ,
Thailand ,
U.S. Commerce Department ,
Vietnam
In the over five months since the Uyghur Forced Labor Prevention Act ("UFLPA") entered into force, companies have grappled with how to assess and mitigate compliance risks. Lack of transparency by US Customs and Border...more
On October 12, 2022, the Office of the US Trade Representative (USTR) issued a Federal Register notice seeking public comments to inform its ongoing four-year review of the Section 301 tariffs on China-origin goods. Beginning...more
The rebuttable presumption of the Uyghur Forced Labor Prevention Act ("UFLPA") took effect on June 21, 2022. As a reminder, under this presumption for purposes of Section 307 of the Tariff Act of 1930, goods produced in the...more
10/4/2022
/ China ,
Compliance ,
Contract Terms ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Enforcement ,
Forced Labor ,
Human Rights ,
Importers ,
Imports ,
Supply Chain ,
Tariff Act of 1930 ,
Uyghur Forced Labor Prevention Act (UFLPA)
Technologies underlying the energy transition—including wind turbines, solar panels, electricity networks and electric vehicles (EVs)—rely upon sufficient access to critical minerals such as copper, lithium, nickel, cobalt,...more
On September 9, 2022, trade ministers from the United States and thirteen other countries adopted joint Ministerial Statements on their negotiating objectives for the four "pillars" of the Indo-Pacific Economic Framework...more
On August 23, 2022, President of Mexico Andres Manuel Lopez Obrador issued a Decree (published in the Diario Oficial de la Federación on August 24, 2022) setting up a new state-owned company called LitioMx (Litio para...more
A recent (August 11, 2022) US Court of Appeals for the Federal Circuit ("CAFC") opinion, Meyer Corp., US v. United States,1 has relieved many concerns that a previous decision by the US Court of International Trade ("CIT")...more
On July 27, Senate Majority Leader Chuck Schumer (D-NY) unveiled a budget reconciliation bill entitled the Inflation Reduction Act of 2022 ("IRA"), which would implement core components of President Biden's agenda on...more
On July 27, Senate Majority Leader Chuck Schumer (D-NY) unveiled a budget reconciliation bill entitled the Inflation Reduction Act of 2022 ("IRA"), which would implement core components of President Biden's agenda on...more
On July 27, Senate Majority Leader Chuck Schumer (D-NY) unveiled a budget reconciliation bill entitled the Inflation Reduction Act of 2022 ("IRA"), which would implement core components of President Biden's agenda on...more
On July 20, 2022, the United States requested consultations with Mexico under the Dispute Settlement chapter of the United States-Mexico-Canada Agreement (USMCA), arguing that several of Mexico’s energy policies are...more
7/22/2022
/ Biden Administration ,
Canada ,
Climate Change ,
Energy Sector ,
Investment ,
Market Access Rule ,
Mexico ,
Natural Gas ,
Oil & Gas ,
Paris Agreement ,
State-Owned Enterprises ,
United States-Mexico-Canada Agreement (USMCA)
On June 21, 2022, US Customs and Border Protection ("CBP") began to enforce the Uyghur Forced Labor Prevention Act ("UFLPA"), which prohibits the importation of goods produced wholly or in part in the Xinjiang Uyghur...more