In a September 6, 2023 opinion issued by Judge M. Miller Baker in three cases brought under the Court’s residual jurisdiction provision, 28 U.S.C. § 1581(i), the U.S. Court of International Trade (“CIT”) held that...more
9/20/2023
/ Administrative Procedure Act ,
Court of International Trade ,
Customs and Border Protection ,
Duties ,
Exclusions ,
Jurisdiction ,
Liquidation ,
Section 301 ,
Sovereign Immunity ,
Trade Expansion Act of 1962 ,
U.S. Commerce Department
On September 6, 2023, the United States Trade Representative (“USTR”) announced that it will extend 352 reinstated exclusions and 77 COVID-related exclusions to duties imposed on goods from China pursuant to Section 301 of...more
On Monday, August 28, 2023, the Bureau of Industry and Security (“BIS”) of the U.S. Department of Commerce issued a Proposed Rule that, if implemented, would make significant changes to the regulations governing exclusions...more
On August 18, 2023, the Department of Commerce (“Commerce”) announced its final determination that certain solar cells and modules exported from Cambodia, Malaysia, Thailand, and Vietnam are circumventing the antidumping...more
On July 26, 2023, the Forced Labor Enforcement Task Force (“FLETF”) issued the first annual update to its guidelines for enforcing the Uyghur Forced Labor Prevent Act (“UFLPA”) in a Report to Congress titled “2023 Updates to...more
The Department of Homeland Security announced on August 1, 2023, that it is adding three entities to the Uyghur Forced Labor Prevention Act (“UFLPA”) Entity List, the consolidated register of four lists required by section...more
In an opinion issued on July 27, 2023, the Court of Appeals for the Federal Circuit (“Federal Circuit”) held that U.S. Customs and Border Protection (“CBP”) violated an importer’s due process rights by denying access to...more
On June 22, 2023, the United States Trade Representative (USTR) announced that the United States and India reached an agreement to terminate ongoing disputes at the World Trade Organization (WTO). Additionally, India agreed...more
On June 13, 2023 a bipartisan group of Senators on the Finance Committee released an open letter requesting input from the trade community on how to modernize U.S. customs laws to ensure the U.S. remains competitive in the...more
On June 7, 2023, Senators Sherrod Brown and Todd Young introduced the Leveling the Playing Field 2.0 Act, which would amend that Tariff Act of 1930 to give the U.S. Department of Commerce (“Commerce”) and Customs and Border...more
Judge Stephen Alexander Vaden of the Court of International Trade (“CIT”) issued an order on June 8, 2023 to address increasing concerns related to the use of generative artificial intelligence platforms in drafting documents...more
On May 31, 2023, the President of the United States issued Proclamation 10588, announcing a one-year suspension of duties on Ukrainian steel and its derivatives under Section 232 of the Trade Expansion Act of 1962, as...more
The House of Representatives recently passed the America Creating Opportunities for Manufacturing, Pre-Eminence in Technology and Economic Strength (COMPETES) Act of 2022, H.R. 4521, 117th Cong. (2021-2022). The bill...more
This week, at the highly anticipated forced labor expo, Customs and Border Protection (CBP) unveiled its new Uyghur Forced Labor Prevention Act (UFLPA) Statistics Dashboard aimed at providing transparency for UFLPA...more
On February 23, 2023, U.S. Customs and Border Protection (“CBP”) released new guidance for importers seeking admissibility of goods under the Uyghur Forced Labor Prevention Act (“UFLPA”). The three guidance documents include...more
On February 24, 2023, the Biden Administration announced the imposition of additional tariffs on Russian imports of aluminum and approximately 100 other individual products. The imposition of these additional tariffs was...more
We are pleased to announce that our team’s fourth-annual international trade law year-in-review report was published just before the New Year. In it, we take a detailed look at how 2022 played out and explore how 2023 might...more
1/9/2023
/ Anti-Dumping Duty ,
Cease and Desist Orders ,
China ,
Countervailing Duties ,
Customs and Border Protection ,
Economic Sanctions ,
Export Controls ,
Forced Labor ,
Imports ,
International Trade Commission (ITC) ,
Joint Comprehensive Plan of Action (JCPOA) ,
NVOCCs ,
Office of Foreign Assets Control (OFAC) ,
Patent Trial and Appeal Board ,
Russia ,
Section 337 ,
Supply Chain ,
Tariffs ,
Trade Remedies ,
US Trade Policies ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Virtual Currency
On December 8, 2022, the Department of Commerce published its anti-circumvention preliminary determination with respect to the four Southeast Asian countries named above....more
On December 2, 2022, the Department of Commerce (“Commerce”) announced its preliminary circumvention determination with respect to certain solar cells and modules exported from Cambodia, Malaysia, Thailand, and Vietnam. ...more
The Department of Commerce (“Commerce”) published a notice seeking comments from interested parties on steps Commerce should take to modify its application of a “particular market situation” (“PMS”) analysis in antidumping...more
On November 1, 2022, the United States Trade Representative (“USTR”) released the questionnaire it is requesting interested parties to submit for its consideration related to the economic impact of the Section 301 tariffs....more
On September 21, 2022, the Senate passed the Kigali Amendment to the 1987 Montreal Protocol by a vote of 69 to 27. While many have described the passage as largely symbolic it re-affirms the US’s commitment to the...more
On September 28, 2022, the Coalition of Freight Coupler Producers (“CFCP” or “Petitioner”), filed a petition for the imposition of antidumping duties pursuant to section 731 of the tariff act of 1930 on imports of Certain...more
On September 16, 2022, the Biden Administration announced the final rule regarding a two-year pause on the imposition of new anticircumvention duties on imports of solar cells and modules from Cambodia, Malaysia, Thailand and...more
July 6, 2022, will mark the four-year anniversary of the institution of Section 301 tariffs against approximately $370 Billion in imports from China into the United States. In light of this anniversary, the Office of the...more