On April 24, 2023, plaintiffs in an ongoing challenge at the U.S. Court of Appeals for the Federal Circuit filed a Petition for Rehearing En Banc of their argument that former President Donald Trump improperly imposed additional Section 232 national security tariffs on derivatives of certain imported steel articles. In their petition for consideration by
BEA Conducts Five-Year Benchmark Survey of U.S. Foreign Direct Investment
Key Notes:
- The Department of Commerce Bureau of Economic Analysis is conducting a five-year benchmark survey of incorporated U.S. businesses of which a foreign person or entity owns or controls, directly or indirectly, 10% or more of the voting securities (or an equivalent interest if an unincorporated U.S. business) as of the business’s 2022 fiscal
U.S. Supreme Court Denies Petition Challenging Section 232 Steel Tariffs
On March 27, 2023, the U.S. Supreme Court denied a petition by USP Holdings, Inc. and related parties challenging the Trump administration’s Section 232 tariffs on steel imports. The steel importer petitioners had asked the Court to reverse aspects of a June 2022 decision by the U.S. Court of Appeals for the Federal Circuit (and
CIT Issues Decision Upholding USTR’s China Section 301 List 3 and List 4A Tariffs
On March 17, 2023, in the China Section 301 tariff relief litigation, the U.S. Court of International Trade (CIT) upheld in a major opinion the legality of the implementation of List 3 and List 4A tariffs by the Office of the U.S. Trade Representative (USTR) on imports of Chinese products into the United States. In
USTR Releases President Biden’s 2023 Trade Policy Agenda and 2022 Annual Report
On March 1, 2023, the Office of the United States Trade Representative (USTR) released President Biden’s 2023 Trade Policy Agenda and 2022 Annual Report. According to the report, the 2023 trade agenda will prioritize creating new opportunities for American workers and families, supporting the middle class, driving decarbonization, and creating good-paying jobs. Additionally, the
CIT Panel Hears Oral Arguments Concerning USTR’s Remand Explanation on China Section 301 List 3 and List 4A Tariffs
On February 7, 2023, the three-judge panel of the U.S. Court of International Trade (CIT) heard oral arguments on the USTR’s remand explanation and the plaintiff group’s reply comments. The hearing addressed the CIT’s earlier finding that the U.S. Trade Representative (USTR) failed to respond adequately to comments it received during the rulemaking process when
Federal Circuit Reverses CIT Decision and Allows Section 232 Tariffs on Steel Derivatives
On February 7, 2023, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit (CAFC) issued an opinion in PrimeSource Building Products, Inc. v. United States et al., Case No. 2021-2066, reversing a lower court decision and upholding the imposition of additional Section 232 national security tariffs on derivatives of certain imported
GAO Audit: AD/CVD Process Ensures Petitions Are Not Meritless, Inaccurate, Incomplete or Filed to Obstruct Domestic Market Competition
Key Notes:
GAO Report Notes Supply Chain Resilience with Trade Partners Requires Expanded Diplomatic Engagement
In February 2021 and pursuant to Executive Order 14017, “America’s Supply Chains,” President Joe Biden directed a review across all federal agencies to address vulnerabilities in the supply chains for critical goods. See Update of February 25, 2021. Subsequent federal agency reviews and a White House report found five key U.S. supply chain vulnerabilities
USTR Extends Section 301 Tariff Exclusions for Chinese COVID-19 Medical Products and Seeks Public Comment
On February 3, 2023, the Office of the U.S. Trade Representative (USTR) announced that it is extending for 75 days China Section 301 tariff exclusions for 81 medical products. The medical products were previously deemed as needed for the COVID-19 pandemic and granted exclusions from additional tariffs. The current exclusions were scheduled to expire on