Photo of David M. Schwartz

David is the leader of Thompson Hine's International Trade practice group and a member of the firm's International Committee. He advises clients on the risks and opportunities presented by U.S. international trade laws and regulations and international trade agreements. He focuses on antidumping (AD), countervailing duty (CVD) and safeguard litigation, international trade policy, and cross-border compliance issues affecting goods, services, technology and investments that involve transportation, customs, export controls, economic sanctions, anti-boycott and anti-bribery laws and regulations.

In a 2-1 decision on May 7, 2026, a three-judge U.S. Court of International Trade (“CIT”) panel struck down the Trump administration’s implementation of Section 122 tariffs (see Update of February 23, 2026).

The 10% tariff on a wide range of imported goods, the panel reasoned, extended beyond President Trump’s power to address

On May 6, 2026, the U.S. Trade Representative (USTR) issued a notice initiating its second statutory four-year review of Section 301 tariffs on imports of certain Chinese products initially implemented by the Trump administration in its 2018 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. The first step

On April 27, 2026, the Department of Commerce (“Commerce”) published a Federal Register notice adding a duty-free code in the Harmonized Tariff Schedule of the United States (“HTSUS”) with retroactive effect to cover goods subject to the Section 232 aluminum, steel, or copper tariff regimes that do not, in fact, contain these metals.  This new

On April 14, 2026, U.S. Court of International Trade Senior Judge Richard Eaton held a closed conference in the new lead case, Euro-Notions Florida, Inc. v. U.S. Customs and Border Protection, et al., addressing refunds of duties paid under the International Emergency Economic Powers Act (“IEEPA”).  At the conclusion of the conference, the Judge

On April 10, 2026, U.S. Customs and Border Protection (“CBP”) published Cargo Systems Messaging Service (“CSMS”) #68315804, confirming that Phase 1 of the process to refund duties paid by importers under the International Emergency Economic Powers Act (“IEEPA”) will launch on April 20, 2026.  Known as the Consolidated Administration and Processing of Entries (“CAPE”)

On April 6, 2026, Senior Judge Richard Eaton of the U.S. Court of International Trade (CIT) granted the Notice of Dismissal filed by counsel for Atmus Filtration, Inc. in Atmus Filtration Inc. vs. United States, the lead case seeking refunds of tariffs paid under the International Emergency Economic Powers Act (IEEPA). Subsequently, he issued

On April 2, 2026, President Donald Trump issued a proclamation amending the rates, scope, and administration of the Section 232 tariff regimes for aluminum, steel, and copper and their derivative products. Section 232 of the Trade Expansion Act of 1962 authorizes the president to adjust duties on goods imported in quantities or under circumstances that

On April 2, 2026, President Donald Trump issued a proclamation announcing that the United States will impose on July 31, 2026, a 100% Section 232 tariff on imports of certain pharmaceuticals and associated active pharmaceutical ingredients (“APIs”). The tariff will operate as a floating rate: where a covered product is also subject to a non-duty-free

On April 1, 2026, Senior Judge Richard Eaton of the U.S. Court of International Trade (“CIT”) issued an order in Atmus Filtration, Inc. v. United States, the lead case addressing refunds of duties paid under the International Emergency Economic Powers Act (“IEEPA”), concluding that the government “continues to make satisfactory progress” and “is on

On March 27, 2026, Senior Judge Richard Eaton of the U.S. Court of International Trade (“CIT”) issued an order in Atmus Filtration, Inc. v. United States, updating his March 20, 2026 order regarding refunds of duties paid under the International Emergency Economic Powers Act (“IEEPA”). (For background on the March 20, 2026 order, see