On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT) unanimously struck down the extensive tariffs imposed by President Trump under the International Emergency Economic Powers Act (IEEPA). The...more
Recently, underscoring a commitment to national security, the White House and the Food and Drug Administration (FDA) issued separate communications that aim to bolster domestic drug manufacturing while tightening oversight of...more
Some importers are finding, to their surprise, that the Trump Administration’s 25% tariffs on aluminum and steel create an exemption from the 125% tariffs on Chinese goods.
The Trump tariff agenda has been complex, to say...more
5/7/2025
/ China ,
Corporate Counsel ,
Customs and Border Protection ,
Executive Orders ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Popular ,
Section 232 ,
Tariffs ,
Trump Administration ,
US Trade Policies
The implementation of new 25% Section 232 duties on steel, aluminum, and certain derivatives, effective March 12, 2025, which are in addition to any special rate of duty otherwise applicable, are affecting importers globally....more
4/25/2025
/ Aluminum Sales ,
Executive Orders ,
Imports ,
International Trade ,
Reciprocity Rules ,
Section 232 ,
Steel Industry ,
Supply Chain ,
Tariffs ,
Trump Administration ,
US Trade Policies
On April 16, 2025, the Department of Commerce announced that it initiated an investigation on April 1, 2025, under Section 232 of the Trade Expansion Act, into imports of semiconductors, semiconductor manufacturing equipment...more
4/17/2025
/ Bureau of Industry and Security (BIS) ,
Customs ,
Foreign Trade Regulations ,
Imports ,
Investigations ,
National Security ,
Regulatory Requirements ,
Section 232 ,
Semiconductors ,
Supply Chain ,
Tariffs ,
Technology Sector ,
Trade Policy ,
Trade Relations ,
Trump Administration ,
U.S. Commerce Department ,
WTO
On April 2, President Trump issued an Executive Order (EO) imposing global reciprocal tariffs (White House Fact Sheet). The EO drew enough parallels to the Smoot-Hawley Tariff Act that Trump mentioned it in his Rose Garden...more
On February 1, 2025, President Trump issued three executive orders imposing tariffs on nearly all imports from Canada, Mexico, and China. However, on February 3, the President said on social media that the tariffs on Canada...more
2/6/2025
/ Canada ,
China ,
Customs and Border Protection ,
Executive Orders ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
Mexico ,
National Security ,
Section 301 ,
Tariffs ,
Trump Administration
You have always dreamed of going to space. All of us have at some point or another. And the only thing standing between you and that dream were overly-restrictive commodity and technology export licensing requirements on...more
On October 28, 2024, the U.S. Department of Treasury released a pre-publication version of its final rule containing the outbound investment regulations.
The rule arrives a little over a year after Executive Order 14105,...more
10/31/2024
/ Artificial Intelligence ,
CFIUS ,
Enforcement ,
Final Rules ,
Financial Institutions ,
International Emergency Economic Powers Act (IEEPA) ,
Investment ,
National Security ,
New Regulations ,
Outbound Transactions ,
SAFE ,
Semiconductors ,
Technology Sector ,
U.S. Treasury ,
Voluntary Disclosure
You know who your friends are. You’ve known them for a long time, you understand one another, and, importantly, you trust each other.
Well, countries have friends too. Maybe country-friends have similar foreign and...more
10/30/2024
/ Australia ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
ITAR ,
Licensing Rules ,
NASA ,
Outer Space ,
Regulatory Agenda ,
Regulatory Requirements ,
Satellites ,
Technology Sector ,
UK ,
USML
In a land before time (technologically speaking . . . so, like, the mid-nineties), the most basic software encryption functions were controlled under the U.S. International Traffic in Arms Regulations. The then-current...more
We may imagine that a space company begins with only a few screws and some sheet metal in a garage. But regardless of its origins, not long after that early phase, that same company is likely to have a global reach....more
10/22/2024
/ Cross-Border ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
ITAR ,
NASA ,
New Rules ,
Outer Space ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Requirements ,
Satellites ,
USML
As we pass the midpoint of a year marked by assertive enforcement of dual use laws, the Department of Commerce’s Bureau of Industry and Security (BIS) published an updated version of its Don’t Let This Happen to You! Guide....more
7/16/2024
/ Antiboycott Requirements ,
Bureau of Industry and Security (BIS) ,
China ,
Enforcement Actions ,
Entity List ,
Export Controls ,
Huawei ,
Licensing Rules ,
Self-Disclosure Requirements ,
Semiconductors ,
U.S. Commerce Department ,
Voluntary Disclosure
On June 27, 2024, the U.S. Department of Commerce, Bureau of Industry & Security (BIS) announced its first update to the boycott requester list. The list contains entities that have been reported by a U.S. person as having...more
Last year, we published an update on BIS’s foray into prohibiting EAR99 items for export to Russia and Belarus. We noted (somewhat in jest) that kitchen sinks may one day be added. Well, that day has come. Stainless steel...more
6/21/2024
/ Belarus ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
General Licenses ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
Software ,
Technology Sector
The solar industry is starting to get whiplash. Over the past year in particular, the industry has experienced a whirlwind of regulatory changes making solar tariffs some of the most complex tariffs in all of U.S. importing...more
6/19/2024
/ Anti-Dumping Duty ,
Batteries ,
Cambodia ,
China ,
Countervailing Duties ,
Energy Sector ,
Imports ,
Malaysia ,
Manufacturers ,
Popular ,
Section 201 ,
Solar Energy ,
Solar Panels ,
Supply Chain ,
Tariffs ,
Thailand ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Vietnam
On March 29, 2024, BIS issued an interim final rule (IFR) updating and correcting its advanced computing and semiconductor regulations published in October 2023 (which we discuss here in Episode III). This marks the third...more
On February 29, 2024, the Biden administration issued a statement addressing the national security risks to the U.S. auto industry directing the Department of Commerce to conduct an investigation into Chinese made “connected...more
3/13/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Automotive Industry ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Comment Period ,
Connected Cars ,
Executive Orders ,
National Security ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department
On Wednesday, March 6, 2024, the Department of Commerce, Department of the Treasury and Department of Justice issued another Tri-seal Compliance Note, focusing this time on the obligations of foreign based persons complying...more
3/8/2024
/ China ,
De Minimis Claims ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Entities ,
Russia ,
Sanctions ,
U.S. Commerce Department ,
U.S. Treasury
On Tuesday, October 17, 2023, the U.S. Bureau of Industry and Security (BIS) released a package of three rules (the 2023 Rules) targeting the Chinese semiconductor industry. The rules update the substantial semiconductor...more
10/23/2023
/ China ,
Commerce Control List ,
ECCNs ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Semiconductors ,
Software ,
Technology ,
Trade Restrictions
On August 9, 2023, President Biden issued an Executive Order (E.O.) ordering the issuance of outbound investment restrictions. This E.O. comes after nearly a year of anticipation (as we have documented on several occasions...more
8/14/2023
/ Artificial Intelligence ,
Biden Administration ,
CFIUS ,
Executive Orders ,
Foreign Direct Investment ,
Foreign Investment ,
Investment ,
National Security ,
Outbound Transactions ,
Semiconductors ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department ,
U.S. Treasury
On August 9, 2023, President Biden issued an Executive Order (E.O.) ordering the issuance of outbound investment restrictions. This E.O. comes after nearly a year of anticipation (as we have documented on several occasions...more
8/11/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Biden Administration ,
CFIUS ,
China ,
Cybersecurity ,
Executive Orders ,
Foreign Direct Investment ,
Foreign Investment ,
National Security ,
Popular ,
Semiconductors ,
Supply Chain ,
Technology Sector
The United States and its allies are aiming to choke off the supplies that support the last vestiges of Russian industry. On May 19, 2023, the Bureau of Industry and Security (BIS) released new regulations implementing...more
On May 16, 2023, President Joseph Biden vetoed the Congressional Review Act (CRA) resolution that would have nullified the temporary moratorium on the collection of antidumping and countervailing (AD/CVD) duties on imports of...more
5/19/2023
/ Anti-Dumping Duty ,
Biden Administration ,
Cambodia ,
Countervailing Duties ,
Imports ,
Malaysia ,
Presidential Veto ,
Solar Energy ,
Solar Panels ,
Tariffs ,
Thailand ,
Vietnam
Between Russia’s invasion of Ukraine and growing U.S. tensions with China, U.S. export controls are in the spotlight like never before. As if regulators have not already made it clear enough, recent statements and actions...more
5/19/2023
/ Bureau of Industry and Security (BIS) ,
China ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Export Controls ,
Exports ,
Investigations ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Semiconductors ,
Ukraine