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USTR Outlines the Biden Administration’s ‘New Approach’ to the U.S.-China Trade Relationship

On October 4, 2021, United States Trade Representative (USTR) Katherine Tai unveiled the contours of the Biden administration’s long-awaited trade policy with respect to China. As hoped for among many in the U.S. business...more

Section 301 Litigation Update: Potential Statute of Limitations Deadline Looms for Challenging List 4A Tariffs

As the litigation in the U.S. Court of International Trade (CIT) challenging the validity of the Section 301 List 3 and List 4A duties marches forward (In Re Section 301 Cases, 1:21-cv-00052), affected importers are...more

Forced Labor Enforcement: Xinjiang-Based Solar Panel Materials Become the Latest Regulatory Target

In an anticipated move, the Biden administration escalated its forced labor enforcement efforts on June 24 by announcing the issuance of a new withhold/release order (WRO) that blocks the import of certain polysilicon-based...more

'A New Chapter’: U.S.-European Leaders Turn the Page on the 17-Year Aircraft Subsidies Dispute (At Least for Now)

Hailed as a “new chapter” in the bilateral trade relationship between the U.S. and the European Union (EU), both sides announced on Tuesday during a U.S.-EU summit in Brussels that a deal was reached to suspend (for five...more

China-Focused Legislative Package Provides Tariff Relief With GSP and MTB Renewal

On May 27, 2021, the U.S. Senate voted to amend the United States Innovation and Competition Act (the Act), formerly the Endless Frontier Act, a bill that started as an effort to increase the United States competitive...more

Dismantling a Ticking Time Bomb for Trans-Atlantic Trade, EU Suspends Retaliatory Tariffs on U.S.-Origin Goods

On May 17, 2021, the European Union announced a temporary suspension of $3.8 billion worth of retaliatory tariffs on U.S. goods that were to go into effect on June 1, 2021. The announcement directly impacts a wide range of...more

Forced Labor Enforcement: CBP’s Latest Seizure Sends “Strong Message” to the Trade Community

On May 4, 2021, U.S. Customs and Border Protection (CBP) announced the seizure of a shipment containing 3.97 million nitrile disposable gloves that, according to CBP, is directly linked to forced labor practices in Malaysia. ...more

Trans-Atlantic Truce: The U.S. and its European Allies Agree to Suspend Tariffs in an Effort to Resolve the Longstanding Dispute...

Viewed by many as a crucial step in the Biden administration’s effort to “rebuild” the trade relationship with traditional U.S. allies in Europe, on March 4, 2021, the United States and the United Kingdom announced a...more

4/8/2021  /  EU , Imports , Subsidies , Tariffs , WTO

Forced Labor Update: CBP Enforcement Actions Appear to Be Just the Start

Since August 2020, U.S. Customs and Border Protection (CBP) has initiated eight separate enforcement actions targeting goods from China’s Xinjiang Uighur Autonomous Region (XUAR) — none more sweeping than a January 13, 2021,...more

Trans-Atlantic Truce: The U.S. and its European Allies Agree to Suspend Tariffs in an Effort to Resolve the Longstanding Dispute...

On March 5, 2021, the United States and the European Union announced a four-month suspension of tariffs emanating from the decades-long trans-Atlantic dispute over aircraft subsidies. The move comes just one day after a the...more

3/8/2021  /  Imports , Tariffs , Trade Relations , WTO

President Biden’s Latest Executive Order Aims to Bolster Critical Supply Chains

On February 24, 2021, President Biden signed the Executive Order (EO) on America’s Supply Chains, setting forth his administration’s strategy for developing resilient and secure supply chains for critical goods. Prompted by...more

'Know Your Supply Chains'— As to Forced Labor Enforcement, the Biden Administration is Picking Up Where the Previous...

In case there was any doubt as to where the Biden administration stands on forced labor enforcement, United States Customs and Border Protection (CBP) stated recently that its “message to the trade community is clear: Know...more

Understanding the Enforce and Protect Act — and Preparing for Its Potential Expansion

To paraphrase U.S. Customs and Border Protection (CBP), the Enforce and Protect Act (EAPA) is a “game-changer.” Signed into law in 2015 by President Obama, EAPA has significantly enhanced the U.S. government’s ability to...more

Biden Administration Maintains Status Quo on EU Product Tariffs (At Least for Now)

In a Federal Register Notice published on February 12, 2021, the Office of the U.S. Trade Representative (USTR) announced that U.S. tariffs on certain European Union (EU) products — all of which relate to the decades-long...more

Dialing Up its Forced Labor Enforcement Efforts, CBP Issues Order Barring All Imports of Cotton and Tomato Products from China’s...

On January 13, 2021, United States Customs and Border Protection (CBP) issued an order blocking all imports of cotton and tomato products from China’s Xinjiang Uighur Autonomous Region. The order, intended to address CBP’s...more

C’est La Vie: New Section 301 Tariffs on French Goods — Originally Set to Go Into Effect on January 6 — Are Indefinitely Suspended

On January 7, 2021, the United States Trade Representative (USTR) announced that new tariffs on certain French products are indefinitely suspended. According to USTR, the duties — which resulted from a Section 301...more

Despite Lame-Duck Status, Trump Administration Follows Through on Threat to Increase EU Product Tariffs

With less than three weeks remaining before President-elect Joe Biden is inaugurated as the 46th President of the United States, the Trump administration launched the latest salvo in the decades-long trans-Atlantic dispute...more

CBP Intensifies Focus on Forced Labor Practices in China

On December 2, 2020, U.S. Customs and Border Protection (CBP) issued an order blocking all imports of cotton and cotton products from Xinjiang Production and Construction Corps (XPCC), a Chinese state-owned company operating...more

Government’s Failure to Adhere to Statutory Procedural Obligations Could Lead to Refunds of Section 232 Duties

A recent legal challenge to the Section 232 tariffs imposed on steel and aluminum imports is the latest reminder that, even though the United States Government may have broad authority to impose tariffs on these goods,...more

Looking Ahead to a Biden Administration, the EU Unveils Blueprint for Enhanced United States-EU Cooperation

With less than 50 days before the inauguration of President-elect Joe Biden, the European Union has — in hopes of, in part, curing bilateral trade tensions and “unilateral tendencies” that have recently tested the United...more

Timing Is Everything (or Maybe Not): CIT Weighs Section 301 Exclusions and the Availability of Post-Liquidation Refunds

Many U.S. importers are facing a dilemma after paying duties on Chinese-origin goods covered by the Trump administration’s Section 301 tariffs. Although certain goods may have been or are now subject to a retroactive duty...more

Trade Ties Between the U.S. and EU Are Tested — EU Presses Ahead With Tariffs up to $4B on U.S. Goods and Services

In the latest phase of the 16-year trans-Atlantic dispute over government subsidies to The Boeing Company and Airbus SE, on October 26, 2020, the World Trade Organization’s (WTO) Dispute Settlement Body (DSB) authorized the...more

Can I Still File a Court Challenge Against the Section 301 List 3 Tariffs?

You may have asked yourself, “can I still file a court challenge against the Section 301 List 3 tariffs?” after learning that over 3,500 importers filed cases at the Court of International Trade (CIT) challenging the...more

Illinois Supreme Court Rules No Actual Harm Necessary Under Illinois Biometric Information Privacy Act

On Friday, January 25, 2019, the Illinois Supreme Court issued its highly anticipated decision in Rosenbach v. Six Flags Entertainment Corp, et al., 2019 IL 123186 (Ill. Jan. 25, 2019). The Court concluded that a private...more

Illinois Appellate Court Reinstates Biometric Information Privacy Act Class Action

On September 28, 2018, the Illinois Appellate Court’s First District issued an opinion reinstating a previously dismissed class action under the Illinois Biometric Information Privacy Act, 740 ILCS § 14/1 et seq. (BIPA). The...more

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