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Administration defines “Foreign Entity of Concern” with implications for EV batteries under the IRA

On Tuesday, March 21, 2023, the US Department of Commerce issued a notice of proposed rulemaking on the guardrail provisions included in the CHIPS and Science Act (CHIPS). As part of the proposed rule Commerce issued a...more

Legislation to grant U.S. government sweeping authority over ICT-related national security threats

On 7 March 2023, U.S. Senators Mark Warner and John Thune introduced the Restricting the Emergence of Security Threats that Risk Information and Communications Technology (RESTRICT) Act, sweeping legislation aimed at...more

Despite continuance, the Biden administration still considering relief on China Section 301 Tariffs

Last month, on 8 September 2022, USTR announced that representatives of domestic industries benefiting from the tariff actions in the Section 301 investigation of “China’s Acts, Policies, and Practices Related to Technology...more

Preparing for CBP’s enforcement of the Uyghur Forced Labor Prevention Act’s rebuttable presumption

The Uyghur Forced Labor Prevention Act (“UFLPA”) rebuttable presumption became effective on 21 June 2022. U.S. Customs and Border Protection (“CBP”) released its Operational Guidance on 13 June 2022, and the Forced Labor...more

The European Chips Act: Commission releases Europe's strategy on semiconductors

The European Commission intensified its focus on semiconductors by proposing the EU Chips Act on February 8, 2022. President of the European Commission Ursula von der Leyen calls it a "game changer". The proposed Act contains...more

New law bans imports from Xinjiang unless importer proves goods were not made with forced labor

On December 23, 2021, President Joe Biden signed into law the Uyghur Forced Labor Prevention Act (“UFLPA”). Most notably, the UFLPA strengthens the enforcement of Section 307 of the Tariff Act of 1930 by imposing a rebuttable...more

U.S. and EU have reached a settlement regarding Section 232 tariffs on steel and aluminum products

The U.S. and the EU have announced a settlement regarding the U.S. Section 232 duties on European steel and aluminum products. As part of that settlement, the U.S. Department of Commerce (Commerce) announced that the 25...more

The EU Carbon Border Adjustment Mechanism proposal and considerations for U.S. businesses

The EU CBAM proposal signals a transformation of the European carbon pricing regulations. U.S. businesses with significant European operations, or with operations in emissions-intensive, trade-exposed industry sectors, should...more

The EU Carbon Border Adjustment Mechanism : inspiration for others or Pandora’s box?

Following the release of the European Commission’s proposal for a Carbon Border Adjustment Mechanism (“CBAM Proposal”) on 14 July 2021 as part of the “Fit for 55” legislative package aimed at reducing the EU’s greenhouse gas...more

Proposed rule seeks to significantly strengthen U.S. Government “Buy American” requirements

On 30 July 2021, the FAR Council published a proposed rule to significantly strengthen “Buy American” requirements applicable to goods sold to the U.S. Government. The proposed rule promotes the procurement of goods,...more

Election 2020 Snapshot: Helping our aerospace and defense clients make sense of the U.S. election results

Election 2020 Snapshot: Helping our aerospace and defense (A&D) clients make sense of the U.S. election - The election of Joe Biden as the 46th President of the United States likely will result in significant shifts in U.S....more

FEMA releases exceptions to rule prohibiting exports of PPE – exports to Canada and Mexico are excluded and other important...

On 17 April the Federal Emergency Management Agency (FEMA) released significant exceptions (effective Friday 17 April, but to be published on 21 April) to FEMA's temporary final rule prohibiting exports of certain personal...more

Trump invokes Defense Production Act to block exports of Personal Protective Equipment

With reports of widespread shortages of personal protective equipment (PPE) and ventilators and the COVID-19 pandemic continuing to expand nationwide, the Trump Administration has turned to the Defense Production Act (DPA) –...more

USTR invites comments on potential Section 301 exclusions in response to the coronavirus

The Office of the U.S. Trade Representative (USTR) has announced it is accepting comments on potential Section 301 tariff exclusions for Chinese imports necessary to respond to the coronavirus. USTR is likely to expeditiously...more

China, supply chain risk, and the race to 5G

A deeper dive into the president's FY2021 budget request for the U.S. Department of Commerce reveals new initiatives aimed at safeguarding technology. - The National Telecommunications and Information Administration (NTIA)...more

Trade truce? United States and China reach phase one agreement

On 15 January 2020, President Donald J. Trump and Chinese Vice Premier Liu He signed a “Phase One” Agreement between the United States and China, a truce halting the escalating trade tensions between the two global trading...more

Shelter from trade wars: Considering tariff exemptions by the U.S. and Chinese governments

Consumer companies on both sides of the Pacific are feeling the impact of the U.S.-China trade war. Targeted by the retaliatory tariffs imposed by both governments and already feeling price pressure as consumer confidence has...more

U.S.-China trade war escalates with new round of Section 301 tariffs and currency manipulation designation

Following on the heels of U.S. trade negotiators’ return from China, on 1 August, President Trump abruptly announced via Twitter an “additional Tariff of 10 percent on the remaining 300 Billion Dollars of goods and products...more

USTR ordered to implement exclusion process for third round of “Section 301” tariffs on imports from China

Legislation funding the U.S. Government that was signed into law by President Trump on 15 February 2019 includes a provision requiring an exclusion process for articles subject to the third round of tariffs on Chinese...more

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