On September 6, 2023, the Office of the U.S. Trade Representative (USTR) issued a notice that it was extending certain China-related Section 301 product exclusions until December 31, 2023. This action extends 352 exclusions previously reinstated in December 2022 through September 30, 2023, and 77 COVID-related exclusions previously extended in May 2023 through September 30
BIS Proposes Changes to the Section 232 Imported Steel and Aluminum Product Exclusion Process
On August 28, 2023, the Bureau of Industry and Security (BIS) published a proposed rule to revise the Section 232 steel and aluminum tariff exclusion process. The proposed rule responds to public comments received in response to BIS’s February 2022 Request for Public Comments. By proposing further revisions to the exclusion request process, BIS
WTO Rules China’s Retaliatory Tariffs on U.S. Imports Inconsistent with International Trade Agreements
In a landmark ruling on August 16, 2023, the World Trade Organization (WTO) determined that the retaliatory tariffs imposed by China on U.S. imports in response to U.S. steel and aluminum tariffs were inconsistent with international trade rules. The decision marks a significant moment in the long-standing trade dispute between the two major economic powers.
Federal Circuit Rules that CBP Violated Importer’s Due Process Rights in EAPA Case
On July 27, 2023, the U.S. Court of Appeals for the Federal Circuit issued a significant decision in a case involving the alleged evasion of antidumping duties assessed on pencils of Chinese origin by Royal Brush Manufacturing, Inc. (Royal Brush) under the Enforce and Protect Act of 2015 (EAPA). The EAPA is a statutory scheme
Petitioner Seeks U.S. Supreme Court Review of Decision Allowing Section 232 Tariffs on Steel Derivatives
On July 21, 2023, PrimeSource Building Products, Inc. filed a Petition for a Writ of Certiorari with the U.S. Supreme Court, after unsuccessfully seeking an en banc hearing before all of the judges at the U.S. Court of Appeals for the Federal Circuit. In that decision, a three-judge panel reversed a lower court decision and
IPEF Partners Conclude Negotiations of Proposed Supply Chain Agreement
On Saturday, May 27, 2023, the 14 partners of the Indo-Pacific Economic Framework for Prosperity (IPEF) announced the substantial conclusion of negotiations for the IPEF Supply Chain Agreement (see U.S. Department of Commerce’s press statement here). The IPEF partners – Australia, Brunei, Fiji, India, Indonesia, Japan, South Korea, Malaysia, New Zealand, Philippines, Singapore, Thailand
Department of Commerce Issues Proposed Modifications to Antidumping and Countervailing Duty Regulations
On May 9, 2023, the Department of Commerce (“Commerce”) published proposed rules (“Proposed Rules”) to amend certain areas in its antidumping duty (AD) and countervailing duty (CVD) regulations to “enhance, improve, and strengthen its enforcement of trade remedies.” Interested parties may submit comments by July 10, 2023.
Commerce’s Proposed Rules cover 22 different topics that
USTR Again Extends Section 301 Tariff Exclusions for Chinese COVID-19 Medical Products
The Office of the U.S. Trade Representative (USTR) has issued a Notice announcing the continuing extension of Section 301 tariff exclusions for 81 medical products that were scheduled to expire on May 15, 2023. These extensions come after a 75-day extension in February 2023 when USTR sought public comment on whether further exclusions were necessary
Plaintiffs File Notice of Appeal in China Section 301 Tariff Refund Litigation
On May 12, 2023, the plaintiff group in the China Section 301 tariff refund litigation, in response to the recently issued decision by the U.S. Court of International Trade (CIT) upholding those Section 301 tariffs, formally filed its Notice of Appeal. The appeal will be heard by the U.S. Court of Appeals for the
Plaintiffs Seek Full Federal Circuit Rehearing of Decision Allowing Section 232 Tariffs on Steel Derivatives
On April 24, 2023, plaintiffs in an ongoing challenge at the U.S. Court of Appeals for the Federal Circuit filed a Petition for Rehearing En Banc of their argument that former President Donald Trump improperly imposed additional Section 232 national security tariffs on derivatives of certain imported steel articles. In their petition for consideration by