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