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UPDATE: Section 232 Steel and Aluminum Derivatives List Extremely Limited

Late last Friday evening, President Trump issued a proclamation imposing duties on imports of certain derivatives of steel and aluminum articles that have been found to threaten the national security. ...more

Section 232 Duties Expanded to Certain Derivative Articles

On Friday, January 24, 2020, President Trump issued a proclamation expanding duties imposed on steel and aluminum articles pursuant to Section 232 of the Trade Expansion Act, commonly referred to as “Section 232 duties,” to...more

GAO Report Reveals Deficiencies in Process for Collecting Antidumping and Countervailing Duties

On November 7, the United States Government Accountability Office (“GAO”) released a report assessing actions the U.S. Department of Commerce (“Commerce”) and U.S. Customs and Border Protection (“CBP”) have taken to address...more

AD/CVD Evasion Enforcement Uptick in 2018

The Enforce and Protect Act (“EAPA”), signed into law as part of the Trade Facilitation and Trade Enforcement Act of 2015, established procedures for a wide variety of stakeholders to submit allegations of evasion of...more

US Considering New Tariffs on EU Imports, Estimated Trade Value of $4 Billion – USTR Seeking Comment

Last April, the United States Trade Representative (“USTR”) initiated an investigation to enforce U.S. rights stemming from a World Trade Organization (“WTO”) ruling concerning the European Union’s (“EU”) provision of illegal...more

Third Wave of Section 301 Tariff Increases Officially Delayed

On March 5, 2019, the Office of the United States Trade Representative (“USTR”) published a notice in the Federal Register officially postponing the date on which the rate of Section 301 duties on $200 billion of Chinese...more

Ambassador Lighthizer Offers Insights Into Negotiations With China on 301 Tariffs

Following President Trump’s announcement of his decision to delay the March 1, 2019 deadline to increase tariffs from 10% to 25% on $200 billion of Chinese goods (i.e., List 3 items), Ambassador Lighthizer testified before...more

US-EU Trade Agreement: Negotiating Objectives Released

Introduction - On 11 January 2019 and 18 January 2019, the United States Trade Representative (“USTR”) and the European Commission (“Commission”) released their respective negotiating objectives for a U.S.-EU trade...more

China Lingers in the Background of USMCA

As we previously reported, the United States, Canada, and Mexico have reached agreement on the United States-Mexico-Canada Agreement (“USMCA”) to replace the North American Free Trade Agreement (“NAFTA”), which has governed...more

Trump Announces Remedies for Imports Steel and Aluminum Pursuant to Section 232 Investigations

On Thursday, March 1, 2018, President Trump announced that his administration will impose a tariff of 25 percent on imports of steel and a tariff of 10 percent on imports of aluminum. These remedies are the result of the...more

Commerce Secretary Releases Steel and Aluminum 232 Reports, Recommends Remedies

On Friday, February 16, 2018, Secretary Ross released public versions of the U.S. Department of Commerce’s reports concerning the agency’s section 232 investigations into the impact on national security of steel and aluminum...more

Canada Challenges Certain United States Antidumping and Countervailing Duty Measures

On January 10, 2018, Canada circulated to WTO members a request for consultations challenging several aspects of the United States antidumping and countervailing proceedings. In particular, Canada challenges: - the way...more

Commerce Announces Preliminary Determination in Antidumping Investigation of Aluminum Foil from China and Determines that China...

On Friday, October 27, 2017, the Department of Commerce announced its affirmative preliminary determination in the antidumping duty investigation on aluminum foil from China. The Department calculated preliminary dumping...more

Solar Cell 201 Investigation Moves to Remedy Phase

On Friday, September 22, 2017, the U.S. International Trade Commission (“USITC”) unanimously determined that crystalline silicon photovoltaic (CSPV) cells and modules are being “imported into the United States in such...more

USTR Lighthizer Keeps Promise, Swiftly Initiates Investigation into Potential Chinese IP Violations

Four days after President Trump signed a memorandum directing the U.S. Trade Representative (“USTR”) to determine whether to initiate a Section 301 investigation of Chinese laws, policies, practices, or actions that may be...more

International Trade Commission Launched New Import Monitoring Tool

The U.S. International Trade Commission (“USITC”) recently announced the launching of a new Import Monitoring Tool that will allow the public to monitor changes in U.S. imports. The Monitoring Tool was developed as mandated...more

New Shippers Under Scrutiny

The U.S. Department of Commerce (the “Department”) is required by statute to, upon request, conduct a review and establish an individual dumping or countervailing duty margin for an exporter or producer of subject merchandise...more

Antidumping Developments: Adverse Facts Available Update

In our September 2015 edition of the Trade Advisor, we discussed the effect that recent amendments to the antidumping laws would have on the U.S. Department of Commerce’s (“the Department”) ability to apply facts available...more

A New Reality for Uncooperative Parties

Recent changes to the antidumping laws will make it more difficult for uncooperative parties to argue for a reduced dumping rate on appeal. Section 502 of the Trade Preferences Extension Act of 2015 (“the Act”) amends the...more

California Fresh Garlic Producers Crack Chinese Scheme to Avoid Dumping Duties

On June 15th, the Department of Commerce (“Commerce”) issued the final results in the 19th Administrative Review of the antidumping order on fresh garlic from the China. During the review, Kelly Drye attorneys, on behalf of...more

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