President Joe Biden is reportedly poised to formally block the proposed $14.9 billion acquisition of U.S. Steel by Japan’s Nippon Steel, a decision anticipated to have significant implications for the American steel industry...more
On April 18, 2022, the U.S. Office of Management and Budget (OMB) issued preliminary guidance to federal agencies on how to implement the new “Buy America” requirements applicable to federally funded infrastructure projects. ...more
Since trade policy almost always involves the application of tariffs, we begin with “China Tariffs – What to Expect from the Biden Administration,” an issue top of mind for many executives who have business interests in China...more
A federal court in Pennsylvania recently ruled a U.S. Steel Corp. manufacturing facility was not required under CERCLA to notify federal authorities of releases to the air in excess of emission limits in its air permits. This...more
Massive New Bipartisan Senate Energy Legislative Package Could See Vote as Early as Next Week - "The 555 page legislative package combines almost all the 50 energy bills that were reported to the Senate in 2019, and is...more
Report on Supply Chain Compliance 3, no. 4 (February 20, 2020) - The United States has imposed a 10% tariff on aluminum imports and a 25% tariff on steel imports since March 2018, following a determination by U.S....more
Court Ruling Vindicates ExxonMobil in New York ‘Climate Change’ Fraud Case - “'The Office of the Attorney General failed to prove, by a preponderance of the evidence, that ExxonMobil made any material misstatements or...more
The US International Trade Commission (ITC) issued an opinion dismissing United States Steel Corporation’s antitrust claim made under Section 337 of the Tariff Act of 1930 against several Chinese steel manufacturers or...more
On March 1, 2018, President Trump announced his plans to impose tariffs on steel and aluminum imports into the United States using his authority under Section 232 of the Trade Expansion Act of 1962. President Trump made his...more
Sustainable Development Focus - ‘Microtransit’ helps cities expand transportation services - Governing - Dec 11 For several years, private companies have tried to fill the last-mile gap in public transit systems by...more
The United States Court of Appeals for the 7th Circuit recently addressed whether common law tort claims arising during the employment relationship are pre-empted by the Illinois Human Rights Act simply because they share...more
Ambassador Lighthizer Visits Congress To Discuss The President’s Trade Policy Agenda - In June, the Senate Finance Committee and Ways and Means Committee of the House of Representatives held hearings on the new...more
Update on Border Adjustment Tax - On June 13, 2017, House Ways and Means Committee Chairman Kevin Brady (R-TX) suggested a five-year phase-in for the border-adjustment tax (BAT). The BAT proposal, a key part of Republican...more
With U.S. Trade Representative Confirmation, NAFTA Renegotiations Are Underway - On May 11, 2017, the Senate confirmed Robert Lighthizer as United States Trade Representative (USTR) in an 82-14 vote. Despite bipartisan...more
As reported previously, in late April, Commerce Secretary Wilbur Ross initiated two investigations to determine the effects of imported steel and aluminum on national security pursuant to section 232(b)(1)(A) of the Trade...more
Commission Holds Hearing On Antitrust Injury In Certain Carbon And Alloy Steel Products, Inv. No. 337-TA-1002 – The U.S. International Trade Commission (“the Commission”) held a rare hearing on the Administrative Law Judge’s...more
U.S. Government To Investigate Effects Of Steel, Aluminum Imports On National Security - In late April, Commerce Secretary Wilbur Ross initiated two investigations to determine the effects of imported steel and aluminum on...more
Public Comments And Hearing Regarding Administration Report On Significant Trade Deficits - On April 17, 2017, the Office of the United States Trade Representative (USTR) and the U.S. Department of Commerce’s International...more
On April 20, 2017, the Commission heard oral arguments in Certain Carbon and Alloy Steel Products, Inv. No. 337-TA-1002, in connection with its review of Judge Lord’s Initial Determination dismissing complainant U.S. Steel’s...more
First, a little background for those unfamiliar with the wonderful world of the International Trade Commission (ITC). Section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) prohibits “unfair methods of competition and...more
On March 16, 2017, the Department of Commerce published a Federal Register notice requesting input on the use of American-made materials in the construction and maintenance of American pipelines. Referring to President...more
Commission Reverses ALJ’s Dismissal Of U.S. Steel’s False Designation Of Origin Claim And Sets Hearing On U.S. Steel’s Antitrust Claim In Certain Carbon Steel; U.S. Steel Withdraws Trade Secret Theft Claim – 2017 has produced...more
As we have previously reported, the Commission recently heard its first Section 337 oral argument in nearly ten years. Hot on the heels of that proceeding, the ITC has again granted an oral argument in a Section 337...more
In the last year, this blog has covered a number of substantial developments at the International Trade Commission. Among other things, 2016 saw (1) an increased usage of the ITC’s 100-day program for early resolution of...more
The Commission will review Judge Dee Lord’s initial determination (“ID”) dismissing U.S. Steel’s antitrust claims on the pleadings. As we previously posted (here), Judge Lord ruled that U.S. Steel was required to plead...more