On September 13, 2024, the United States Trade Representative (USTR) announced the final Section 301 tariff increases on imports from China,1 following its original proposal in May 2024. Electric vehicles, electric vehicle...more
On June 5, 2024, Solvay USA LLC ("Petitioner") filed antidumping duty ("ADD") and countervailing duty ("CVD") petitions on imports of vanillin from the People's Republic of China ("China"). The ADD petition alleges that...more
On May 22, 2024, the United States Trade Representative ("USTR") unveiled the details of the proposed increases in Section 301 tariffs on imports from China. If adopted, the action would raise tariffs on solar power products,...more
5/24/2024
/ China ,
Comment Period ,
Exclusions ,
Imports ,
Manufacturers ,
Public Comment ,
Section 301 ,
Solar Panels ,
Supply Chain ,
Tariffs ,
Trade Relations ,
US Trade Policies ,
USTR
On May 14, 2024, the Biden administration announced expansions to the United States’ Section 301 tariffs on imports from China, proposing to raise tariffs on solar panels, electric vehicles, batteries, green energy supply...more
5/16/2024
/ Batteries ,
Biden Administration ,
China ,
Customs and Border Protection ,
Globally Harmonized System ,
Medical Devices ,
Personal Protective Equipment ,
Semiconductors ,
Solar Panels ,
Tariffs ,
Technology Sector ,
USTR
On March 25, 2024, the US Department of Commerce (“DOC”) published a final rule revising substantive and procedural aspects of antidumping duty (“ADD”) and countervailing duty (“CVD”) investigations. The changes enter into...more
4/16/2024
/ Anti-Dumping Duty ,
Countervailing Duties ,
Cross-Border ,
Department of Health and Human Services (HHS) ,
Enforcement ,
Final Rules ,
Intellectual Property Protection ,
International Trade ,
New Rules ,
Price Manipulation ,
Subsidiaries ,
U.S. Commerce Department ,
Unfair Trade Practices Act
On December 26, 2023, the Office of the United States Trade Representative ("USTR") announced it would extend the current exclusions from the China Section 301 investigation tariffs to May 31, 2024. The exclusions were...more
On December 1, 2023, members of the US House of Representatives and Senate introduced a bill that would prohibit the import of products made from commodities produced on illegally deforested land. The bill, the "Fostering...more
On November 13, 2023, the US Court of Appeals for the Federal Circuit (CAFC) issued its opinion in Solar Energy Indus. Ass'n v. United States. The decision has retroactive implications for the exclusion currently extended to...more
The EU's Carbon Border Adjustment Mechanism (the "CBAM") reporting obligations started applying from 1 October 2023. The final CBAM Implementing Regulation introduces further insight and key clarifications.
The CBAM...more
On August 22, 2023, the United States made the first-ever request for the formation of panel under the United States-Mexico-Canada Agreement's (USMCA) facility-specific Rapid Response Labor Mechanism (RRM) panel. The case...more
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
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)
The US-Africa Leaders Summit took place from December 13-15, 2022 in Washington DC, and featured top-level government-to-government talks, private sector engagements, and resulted in a number of trade-related outcomes...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
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
Vietnam's revised Law on Investment (Law No. 61/2020/QH14)("LOI 2020") enters into force from January 1, 2021. The National Assembly adopted the LOI 2020 on June 17, 2020. It will replace Law No. 67/2014/QH13 ("LOI 2014"),...more