On May 17, 2024, the Commerce Department’s Bureau of Industry and Security (BIS) published a Final Rule revising the Section 232 tariff exclusion process for imported steel and aluminum products. These changes, effective July 1, 2024, are intended “to refine the framework under which exclusions from the tariffs on steel and aluminum can be requested
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.
Biden Administration Releases China Section 301 Four-Year Review Report and Announces Tariff Updates to Counter China’s Unfair Trade Practices
- The Section 301 tariff actions have been effective in encouraging China to take steps toward eliminating its unfair practices, but it has not eliminated many of its forced technology transfer-related acts, policies and practices.
- Products currently subject to Section 301 duties will remain subject to the existing additional duties.
- The USTR will implement
BEA’s Foreign Direct Investment Reporting Requirements: A Primer
- The Department of Commerce’s Bureau of Economic Analysis requires the reporting of certain statistical data on foreign direct investment in the United States. This includes reporting data when a foreign entity acquires a U.S. business, when a foreign entity or its existing U.S. affiliate establishes a new legal entity, or when an existing
U.S. Aid Package for Ukraine, Israel and the Indo-Pacific Incorporates Extensive Sanctions and Export Control Reforms
On April 24, 2024, President Biden signed into law a broad national security package which included the Israel Security Supplemental Appropriations Act, 2024; Ukraine Security Supplemental Appropriations Act, 2024; Indo-Pacific Security Supplemental Appropriations Act, 2024; 21st Century Peace through Strength Act; FEND off Fentanyl Act; and the Rebuilding Economic Prosperity and Opportunity for Ukrainians Act.
USTR Initiates Section 301 Investigation Targeting China’s Maritime, Logistics and Shipbuilding Sectors
Note: For more information on this topic, please see our client update of April 23rd.
On April 17, 2024, the Office of the U.S. Trade Representative (USTR) initiated an investigation targeting the acts, policies, and practices of the maritime, logistics and shipbuilding sectors of the People’s Republic of China (PRC). This action results from a…
OFAC Again Extends Authorizations Under Russia General License 13
On April 12, 2024, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) again extended previous Russia-related General License (GL) 13 by issuing a revised GL 13I, “Authorizing Certain Administrative Transactions Prohibited by Directive 4 under Executive Order 14024,” which states that U.S. persons are authorized to pay taxes, fees, or import…
United States Bans Imports of and Services Related to Russian-Origin Aluminum, Copper and Nickel
On April 12, 2024, the Office of Foreign Assets Control (OFAC) signed a new determination under section 1(a)(i)(A) of Executive Order 14068 of March 11, 2022 as amended by Executive Order 14114 of December 22, 2023. According to this determination, the importation and entry into the United States, including importation for admission into a foreign…
USTR Releases 2024 National Trade Estimate Report on Foreign Trade Barriers
The Office of the U.S. Trade Representative (USTR) released on March 29, 2024, its annual National Trade Estimate Report on Foreign Trade Barriers (NTE Report) that addresses the status of foreign trade and investment barriers to U.S. exports worldwide. This is the U.S. government’s major annual report on the barriers to U.S. exports of goods…
Commerce Finalizes Major Overhaul of U.S. Trade Remedy Regulations
On March 25, 2024, the Department of Commerce published new regulations in the Federal Register formalizing major changes to U.S. trade remedy regulations, 19 C.F.R. part 351, which include noteworthy clarifications and new provisions. The extensive changes were first proposed in May 2023 (see Update of May 15, 2023), and follow a public…
CBP Publishes Final Rule on Procedures for Investigating Claims of Evasion of AD/CVD Duties
On March 18, 2024, U.S. Customs and Border Protection (CBP) published a final rule to implement procedures to investigate claims of evasion of antidumping and countervailing duty (AD/CVD) orders in accordance with Title IV of the Trade Facilitation and Trade Enforcement Act of 2015 (known as the Enforce and Protect Act or EAPA). This final…
