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.

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

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

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

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

On March 12, 2024, five national labor unions filed a petition with the Office of the U.S. Trade Representative (USTR) under Section 301 of the Trade Act of 1974 requesting an investigation into the acts, policies, and practices of China in the maritime, logistics, and shipbuilding sector. Section 301 allows the United States to respond

On March 7, 2024, the Office of the U.S. Trade Representative (USTR) published a Federal Register notice seeking public comments to help develop trade and investment policy initiatives aimed at making supply chains more resilient.

The USTR is interested in responses to one or more of the twelve questions outlined in the Federal Register notice. 

On March 1, 2024, the Office of the United States Trade Representative (USTR) published President Biden’s 2024 Trade Policy Agenda and 2023 Annual Report. This year’s agenda aims to further the cause of worker-centered trade policy, enhance the resilience of supply chains, and promote fair and sustainable trade practices. Below is a summary of

  • More than 500 entities and individuals added to the Specially Designated Nationals and Blocked Persons List and nearly 100 added to the Entity List.
  • Four new or updated general licenses issued by the Office of Foreign Assets Control to address wind-down and safety considerations.
  • An expansion of the multilateral Common High Priority Items

President Biden signed the National Defense Authorization Act for Fiscal Year 2024 into law (P.L. 118-31) (NDAA 2024 or Act) in December 2023. Lawmakers frequently target this type of “must pass” legislation as a vehicle to codify their own, often unrelated policy priorities or “rider” provisions. The NDAA 2024 is no exception, containing a patchwork

On January 5, 2024, U.S. Customs and Border Protection (CBP) issued guidance via its Cargo Systems Messaging Service announcing new thresholds for deactivating Section 232 steel and aluminum product exclusions prior to reaching 100% of the allocated quantity under any granted exclusion. CBP has announced that effective February 15, 2024, for certain types of Section