On August 2, 2024, the U.S. Department of Commerce (the Department) determined that the Socialist Republic of Vietnam (Vietnam) continues to function as a non-market economy (NME) and will continue to be treated as such for...more
On July 12, 2024, the U.S. Department of Commerce (Commerce) issued a proposed rule designed “to enhance the administration of the antidumping duty (AD) and countervailing duty (CVD) laws.” Commerce is accepting comments on...more
In a landmark decision on June 28, 2024, the U.S. Supreme Court issued a 6-3 opinion in Loper Bright Enterprises et al. v. Raimondo (Loper Bright), overturning the four-decades-old deference doctrine established in Chevron...more
7/1/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Magnuson-Stevens Act (MSA) ,
National Marine Fisheries Service ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation ,
Vessels
On May 22, 2024, the Office of the U.S. Trade Representative (USTR) released the text of a Federal Register notice detailing the tariff codes to be impacted by the Biden Administration’s proposed increase in tariffs on $18...more
On May 14, 2024, the Biden Administration announced that it will seek to increase tariffs on $18 billion in imports from China under Section 301 of the Trade Act of 1974. The Administration’s action is based on...more
The U.S. International Trade Commission (USITC) is inviting interested parties to comment on the US-Mexico-Canada Agreement’s (USMCA) automotive rules of origin. Parties will have until September 24, 2024 to request an...more
On March 25, 2024, the U.S. Department of Commerce (Commerce) issued a final rule designed to “improve, strengthen and enhance” its antidumping (AD) and countervailing duty (CVD) regulations. The final rule largely adopts...more
On March 7, 2024, the Office of the United States Trade Representative (USTR) announced a Request for Comments on Promoting Supply Chain Resilience, seeking public comment on policy initiatives that promote supply chain...more
New legislation (Leveling the Playing Field 2.0 Act) and U.S. Department of Commerce regulations are likely to address China’s distortive and unfair trade practices more strategically in a variety of industries and sectors....more
We anticipate that 2024 will be another extremely important year for international trade and national security law and policy. The Biden Administration and Congress will continue to debate trade legislation and policy...more
1/26/2024
/ Anti-Dumping Duty ,
Biden Administration ,
Buy America ,
Enforcement Actions ,
Exports ,
Imports ,
Inflation Reduction Act (IRA) ,
National Security ,
Trade Negotiations ,
Trade Relations ,
U.S. Commerce Department ,
US Trade Policies ,
Vietnam ,
Webinars
Last week, the House Select Committee on the Strategic Competition between the United States and the Chinese Communist Party (Select Committee) issued a comprehensive new bipartisan report, including almost 150 policy...more
12/19/2023
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Competition ,
Department of Defense (DOD) ,
FCC ,
FIRRMA ,
Foreign Adversaries ,
Foreign Investment ,
NDAA ,
Popular ,
Tariffs ,
Technology ,
U.S. Commerce Department
On December 6, 2023, U.S. Senators Tammy Baldwin (D-WI) and Bill Cassidy, M.D. (R-LA) introduced bipartisan legislation aimed at supporting U.S. industries that have been harmed by unfairly traded imports. Under the proposed...more
The Office of the U.S. Trade Representative on Wednesday, October 25, rescinded its support for e-commerce proposals already advanced in World Trade Organization (WTO) negotiations, undermining the ongoing talks among 90 WTO...more
The United States and United Kingdom are preparing to begin negotiations on a new trade agreement later this month. According to an October 3, 2023 reporting by POLITICO, President Biden and Prime Minister Rishi Sunak are...more
On June 7, 2023, the U.S. House of Representatives and U.S. Senate introduced bipartisan legislation that would give the U.S. government 21st Century tools to combat unfair trade practices. The Leveling the Playing Field 2.0...more
On May 8, 2023, federal agents from the Federal Bureau of Investigation (FBI) assisted the Department of Homeland Security (DHS) in executing a search warrant at JinkoSolar’s solar panel manufacturing plant in Jacksonville,...more
5/11/2023
/ Anti-Dumping Duty ,
China ,
Countervailing Duties ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
FBI ,
Forced Labor ,
Popular ,
Search Warrant ,
Solar Panels ,
Supply Chain ,
Tariffs ,
Uyghur Forced Labor Prevention Act (UFLPA)
On May 9, 2023, the U.S. Department of Commerce (Commerce) issued new proposed regulations aimed at improving and strengthening the enforcement of trade remedy laws. Several of the proposed regulations represent significant...more
On March 31, 2023, the Office of the U.S. Trade Representative (USTR) released the 2023 National Trade Estimate Report on Foreign Trade Barriers (NTE Report). USTR highlights an array of trade barriers in more than 64...more
In a highly significant decision on March 17, 2023, a three-judge panel of the U.S. Court of International Trade (CIT) issued an opinion upholding the U.S. Trade Representative’s (USTR) imposition in 2018 and 2019 of a third...more
On February 28, 2023, the Department of Commerce (DOC) announced the first round of manufacturing incentives related to the CHIPS and Science Act. Passed by Congress in August 2022, the CHIPS Act provides $39 billion in...more
Please join us for the inaugural episode of Wiley’s Federal Infrastructure Webinar series, a series of webinars that will bring together attorneys from across the firm to discuss current developments relating to the federal...more
2/15/2023
/ Biden Administration ,
Bridges ,
Broadband ,
Clean Energy ,
Continuing Legal Education ,
Critical Infrastructure Sectors ,
Deadlines ,
Energy Sector ,
Funding Opportunities ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
Infrastructure Financing ,
Manufacturers ,
Power Infrastructure ,
Public Transit ,
Research and Development ,
Roads ,
Semiconductors ,
Technology Sector ,
Transportation Industry ,
Water ,
Webinars
2023 is expected to be a tumultuous year for trade in the advent of a new Congress and series of trade policy measures that were implemented in 2022. What will the 2023 trade agenda and playing field look like coming from the...more
1/20/2023
/ Biden Administration ,
China ,
Consolidated Appropriations Act (CAA) ,
Exporters ,
Importers ,
Inflation Reduction Act (IRA) ,
Semiconductors ,
Trade Negotiations ,
Trade Relations ,
US Trade Policies ,
Webinars
The U.S. Treasury Department (Treasury) and the Internal Revenue Service (IRS) published six notices on October 5, 2022, requesting comments on various provisions in the Internal Revenue Code (Code) related to energy tax...more
10/14/2022
/ Apprenticeships ,
Carbon Capture and Sequestration ,
Comment Period ,
Electric Vehicles ,
Energy Projects ,
Energy Tax Incentives ,
Inflation Reduction Act (IRA) ,
Internal Revenue Code (IRC) ,
Investment Tax Credits ,
IRS ,
Nuclear Power ,
Prevailing Wages ,
Renewable Energy ,
U.S. Treasury
On Wednesday, October 12, 2022, the Office of the U.S. Trade Representative (USTR) announced the process by which it will conduct a much anticipated statutory review of the necessity of the Section 301 tariffs applicable to...more
On September 19, 2022, the U.S. General Services Administration (GSA) issued a request for information (RFI) on the “availability of domestically manufactured solar photovoltaic (PV) panels and components and feasibility of...more