The week of June 12, 2022, the Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP) released two important guidance documents to prepare the public for the implementation of the Uyghur Forced...more
In a highly anticipated development, on May 3, 2022, the United States Trade Representative (USTR) announced the initiation of a statutory process whereby USTR is expected to conduct a reassessment of the existing Section 301...more
On January 25, 2022, Democratic leadership of the U.S. House of Representatives unveiled long-awaited legislation, the America Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength...more
On January 24, 2022, the Biden administration, as part of the implementation of the newly-signed Uyghur Forced Labor Prevention Act (UFLPA), issued a notice in the Federal Register seeking public comments on “how best to...more
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
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
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
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
On May 27, 2021, the 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 advantage...more
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
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
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
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
The U.S. Department of Commerce (Commerce) has announced upcoming changes to improve its Section 232 exclusion process. The initial rollout of the Section 232 exclusion process via the Federal eRulemaking website was...more
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
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
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
The Office of the U.S. Trade Representative (USTR) published in the Federal Register on October 8, 2020 the initiation of two investigations into Vietnam’s acts, policies and practices related to currency valuation, and the...more
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
As we discussed in a September 15 client alert, a lawsuit was filed at the U.S. Court of International Trade (CIT) on September 10, 2020, challenging the U.S. Trade Representative’s (USTR) authority to assess Section 301...more
On September 10, 2020, three importers filed a complaint at the U.S. Court of International Trade (CIT), HMTX Industries LLC et al. v. United States, which challenges the procedural steps and authority of the U.S. Trade...more
In response to an ongoing trade dispute between the United States and the European Union (EU), the Office of the U.S. Trade Representative (USTR) is considering adding additional products to the existing list of EU imported...more
The U.S. Trade Representative (USTR) has initiated a Section 301 investigation into Digital Services Taxes (DSTs) proposed or enacted by the European Union (consisting of 27 member states), Austria, Brazil, the Czech...more
On May 27, 2020, Secretary of State Mike Pompeo announced that he has certified to Congress that the Hong Kong Special Administrative Region no longer enjoys a high degree of autonomy from China. According to the legislative...more
Leading Senate Finance Committee Republicans laid out a list of trade actions on March 25 that they believe the Trump administration should consider to help to ease the economic downturn tied to the coronavirus pandemic....more