On August 17, 2022, the Office the U.S. Trade Representative announced that formal negotiations have commenced with Taiwan on the United States-Taiwan Initiative on 21st Century Trade. This trade initiative was first announced in June 2022 as an effort to “deepen the economic and trade relationship, advance mutual trade priorities based on shared values, and
USTR Files Remand Results Explanation in China Section 301 Tariff Refund Litigation
On August 1, 2022, and as directed by the U.S. Court of International Trade (CIT) in its April 2022 decision (see Update of April 6, 2022), the Office of the U.S. Trade Representative (USTR) filed a 90-page explanation in support of its rationale for imposing List 3 and List 4A tariff determinations to
USTR Seeks Comments to Develop Trade Strategy on Forced Labor
On July 6, 2022, the Office of the U.S. Trade Representative (USTR) issued a notice seeking public comments to assist in the development of a forced labor trade strategy. The notice indicates that the strategy “will identify priorities and establish an action plan for utilizing existing and potential new trade tools to combat forced labor
Federal Circuit Dismisses Broad Challenge to Section 232 Tariffs
In a June 9, 2022 opinion, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit or CAFC) upheld the decision by the U.S. Court of International Trade (CIT) dismissing Universal Steel Products Holding’s challenge to Section 232 tariffs that the Trump administration placed on steel imports. The plaintiffs had earlier challenged both
Declaring an Emergency, President Biden Exempts Certain Solar Cell Imports from Duties for 24 Months and Invokes DPA to Accelerate Domestic Production
On June 6, 2022, President Joseph Biden announced that he was declaring an emergency “with respect to the threats to the availability of sufficient electricity generation capacity to meet expected customer demand” in the United States. Announcing that a “robust and reliable electric power system” is critical to national security and national defense, the president
USTR Announces U.S.-Taiwan Trade Initiative
On June 1, 2022, the Office of the U.S. Trade Representative (USTR) announced the U.S.-Taiwan Initiative on 21st-Century Trade, which is “intended to develop concrete ways to deepen the economic and trade relationship, advance mutual trade priorities based on shared values, and promote innovation and inclusive economic growth for our workers and businesses.” Under
USTR Again Extends Certain China Section 301 Product Exclusions for COVID-19 Response
The Office of the U.S. Trade Representative (USTR) has announced that it will again extend Section 301 product exclusions for imports from China of medical care products needed to address the COVID-19 pandemic. The USTR will extend product exclusions on 81 medical care products, as set forth in Annex B of USTR’s announcement, for an
U.S. International Trade Commission to Investigate Effects of Section 232 and Section 301 Tariffs on U.S. Industries
On May 5, 2022, the U.S. International Trade Commission (ITC) announced the initiation of a general factfinding investigation that will examine the impact of tariffs on U.S. imports under section 232 of the Trade Expansion Act of 1962 and section 301 of the Trade Act of 1974 in effect as of March 15, 2022. The
CIT Issues Opinion in China Section 301 Tariff Refund Litigation Addressing Motion to Dismiss and Cross-Motion for Judgment on the Record
On April 1, 2022, the three-judge panel at the U.S. Court of International Trade (CIT) issued its opinion in the China Section 301 tariff refund litigation regarding the government defendants’ motion to dismiss and the plaintiffs’ cross-motion for judgment on the record. The CIT found that: (1) the Office of the U.S. Trade Representative (USTR)
CIT Questions Use of First Sale Rule for NME Countries Commonly Used to Mitigate China Tariffs
The U.S. Court of International Trade (CIT) has called into question the “First Sale Rule” tariff mitigation strategy deployed by an increasing number of companies to reduce Section 301 tariffs on China-sourced goods. In Meyer Corp. v. U.S., No. 13-00154, Slip Op. 21-26 (March 1, 2021), the CIT questioned whether the First Sale Rule