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 multiple petitions filed on January 18, 2023, Cleveland-Cliffs Inc. and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (collectively, “the Petitioners”) requested the imposition of antidumping duties on U.S. imports of certain tin- and chromium-coated steel sheet products (“tin mill products”) from Canada, China, Germany, Netherlands

A United States-Mexico-Canada Agreement (USMCA) Chapter 31 Dispute Resolution Panel concluded that automakers may continue to use the longstanding practice of “roll-up” when calculating the percentage of North American-originating materials used in the production of core automotive parts (e.g., engines) that is subsequently factored into the computation for determining the total amount of originating content

On December 16, 2022, the Office of the U.S. Trade Representative (USTR) released a Federal Register notice announcing that it was extending the termination date — from December 31, 2022 until September 30, 2023 — for Section 301 tariff exclusions that apply to 352 Chinese products. These exclusions were initially reinstated on March 28, 2022 (

On December 14, 2022, the United States and African Continental Free Trade Area Secretariat (AfCFTA) signed a Memorandum of Understanding on Cooperation for Trade and Investment between the United States and the African Continental Free Trade Area (MOU). The MOU  was signed by U.S. Trade Representative (USTR) Katherine Tai and AfCFTA Secretary General Wamkele Mene during

On November 23, 2022, the Office of the U.S. Trade Representative (USTR) announced the further extension of exclusions for numerous products used to combat COVID-19 that are subject to China Section 301 tariffs. The exclusions were scheduled to expire on November 30, 2022, and have been extended for an additional 90 days, until February 28,

In an October 12, 2022 petition, the Coalition of Domestic Folder Manufacturers (“Coalition”) alleged that paper file folder imports from China, India and Vietnam are being sold in the United States at less than fair market value with dumping rates as high as 236% and that paper file folder imports from India are benefitting from

On October 12, 2022, the Office of the U.S. Trade Representative (USTR) issued a notice and request for comments regarding its ongoing four-year statutory review of the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. The USTR is seeking public comments on the effectiveness of the

On September 21, 2022, after a year-long Section 232 investigation, the Department of Commerce’s Bureau of Industry and Security (BIS) announced that rare earth neodymium-iron-boron (NdFeB) magnet imports threaten national security. The investigation was initiated in September 2021 due to concerns that “critical national security systems rely on NdFeB permanent magnets, including fighter aircraft and

On September 14, 2022, the plaintiff group in the ongoing China Section 301 tariff refund litigation before the Court of International Trade (CIT) filed its comments in response to the USTR’s remand explanation.  The comments highlight that the CIT offered the USTR a final opportunity to explain its rationale and reasoning as to why it

On September 2, 2022, the Office of the United States Trade Representative (USTR) confirmed, as part of its statutory four-year review process under the Trade Act of 1974, that (1) domestic industry representatives benefiting from the tariff actions in the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property,