From reciprocal tariffs and retaliatory investigations to paused agreements and looming re-escalations, the global tariff landscape remains as turbulent as ever. Morgan Lewis recently hosted a three-part webinar series...more
The US Court of International Trade and the US District Court for the District of Columbia have invalidated President Donald Trump’s actions imposing tariffs pursuant to the International Emergency Economic Powers Act of...more
The US president has imposed and modified tariffs on key trading partners such as China, Canada, Mexico, and the European Union over the last three months. These tariffs rely on the International Economic Emergency Powers...more
US Customs and Border Protection (CBP) has published guidance regarding the elimination of the de minimis duty exemption on Chinese-origin merchandise and the collection of duties on those once-exempt imports....more
Tariff and trade policy in the United States is poised to affect nearly every industry, and data centers are no exception. Data centers built in the United States need to be outfitted, and much of that equipment comes from...more
The automotive industry is undergoing a period of rapid transformation, driven by advancements in electric vehicle (EV) technology, artificial intelligence (AI), and digital connectivity amid shifting trade policies and...more
On April 2, 2025, President Trump signed an executive order imposing reciprocal tariffs on most trading partners. The president declared a national emergency posed by large and persistent trade deficits, relying on his...more
The United States’ trade policy has undergone significant shifts under the current administration, which is emphasizing the use of tariffs as a strategic tool. Recent developments, including the imposition of new and expanded...more
The aerospace and defense industry is facing a rapidly shifting legal landscape in 2025, shaped by regulatory updates, enforcement trends, and geopolitical considerations. With increased scrutiny on foreign investments,...more
Two major areas of international trade that will remain causes of concern for energy storage projects are the application of tariffs and supply chain integrity. While it remains to be seen what the US administration might...more
3/10/2025
/ Batteries ,
China ,
Customs and Border Protection ,
Energy Sector ,
Energy Storage ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Act of 1974 ,
Trade Relations ,
U.S. Commerce Department
A Global Opportunity and Regulatory Roadmap for Energy Storage in 2025 The energy storage sector maintained its upward trajectory in 2024, with estimates indicating that global energy storage installations rose by more than...more
In remarks delivered at the Federal Bar Association’s (FBA) annual Qui Tam Section Conference, Deputy Assistant Attorney General Michael Granston reiterated the US Department of Justice’s (DOJ or the Department) commitment to...more
With the second Trump administration holding the reins of the executive branch, companies should brace for a renewed focus on trade enforcement. The administration has already begun to expand tariffs on a variety of items...more
In this third installment of our five-part trade series, we review the Trump-Vance administration’s America First Trade Policy memorandum and detail the foundational elements for imposition of tariffs to prepare importers if...more
President Donald Trump via an executive order titled Unleashing American Energy directed federal executive agencies to pause disbursement of funds appropriated by Biden-era energy, environmental, and infrastructure programs....more
In this second installment of our four-part trade series, we consider strategies importers may adopt for addressing anticipated tariffs imposed under the Trump-Vance administration. As we draw closer to President-elect Donald...more
In this first installment of our four-part trade series, we explore how President-elect Trump may implement proposed tariff increases on imports of foreign-origin goods into the United States....more
12/11/2024
/ Imports ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade Commission (ITC) ,
Section 232 ,
Section 301 ,
Tariffs ,
Trade Relations ,
Trump Administration ,
U.S. Commerce Department ,
US Trade Policies ,
USTR
The Biden administration announced on September 13, 2024 its intention to use executive authority to limit the use of the de minimis exemption and encourage Congress to take comprehensive legislative action, adding to the...more
The US Department of Defense (DoD) has issued a new proposed rule for implementing the next iteration of the Cybersecurity Maturity Model Certification (CMMC) 2.0 program. This action drives forward the DoD’s plans to bolster...more
A bipartisan group of senators recently released the Fighting Illicit Goods, Helping Trustworthy Importers, and Netting Gains (FIGHTING) for America Act, a bill that could significantly curtail the use of Section 321 de...more
The US Department of Homeland Security (DHS) has revealed a revised strategy to enhance enforcement of the Uyghur Forced Labor Prevention Act (UFLPA) as it marks the act’s two-year anniversary. With ongoing additions to the...more
The dynamic environment affecting solar cell and module manufacturers, exporters, and importers remains in flux as US and non-US manufacturers take their challenges to the courts....more
The US Supreme Court on June 28 overruled longstanding precedent and expanded the ability of government contractors to challenge agency interpretations and applications of certain statutes. In Loper Bright Enterprises v....more
7/9/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
NDAA ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
The Biden administration continues to navigate the intricate course between fostering domestic solar manufacturing and countering perceived unfair trade practices by China. In a series of strategic maneuvers, the...more
6/26/2024
/ Anti-Dumping Duty ,
Countervailing Duties ,
Energy Sector ,
Imports ,
Manufacturers ,
Renewable Energy ,
Section 301 ,
Solar Energy ,
Solar Panels ,
Supply Chain ,
Tariffs
At a time marked by themes of “push” and “pull,” organizations across all sectors and jurisdictions are grappling with the pursuit of innovation within an increasingly complex regulatory framework. Over the next 12 months,...more