Update: On November 7, 2025, the Office of the U.S. Trade Representative issued a notice rescheduling the public hearing on the operation of the Agreement between the United States of America, the United Mexican States, and Canada (USMCA). Originally scheduled for November 17, the hearing will now take place from December 3 to 5
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.
USTR Seeks Comment on Possible Extension of Remaining China Section 301 Product Exclusions
On September 16, 2025, the Office of the U.S. Trade Representative (USTR) issued a notice and request for public comments on the possible extension of the remaining 178 product exclusions in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. The USTR has extended these exclusions…
Trump Administration Announces Changes to Japan Tariffs
On September 16, 2025, the Department of Commerce’s International Trade Administration (ITA) released a Federal Register notice announcing changes to the Harmonized Tariff Schedule of the United States (HTSUS) as to general tariffs on imports of Japanese goods in order to implement the United States-Japan Agreement (see Executive Order 14345). Under the original framework…
U.S. Supreme Court to Review the Legality of Trump Administration’s IEEPA-Based Tariffs
On September 9, 2025, the U.S. Supreme Court agreed to review a consolidation of two cases challenging the legality of tariffs imposed by President Donald Trump under the International Emergency Economic Powers Act (IEEPA). It has scheduled oral arguments for the first week of November, an unusually swift timeline for the Court.
The first case…
Federal Circuit Rules that Trafficking and Reciprocal Tariffs Violate IEEPA
On August 29, 2025, the U.S. Court of Appeals for the Federal Circuit (“the Court” or “Federal Circuit”) in a 7-4 ruling determined that President Donald Trump exceeded his authority by imposing certain tariffs under the International Emergency Economic Powers Act (IEEPA). The Court also affirmed the grant of declaratory relief of the U.S. Court…
USTR Continues Extension of Limited Product Exclusions for China Section 301 Tariffs
On August 28, 2025, the Office of the U.S. Trade Representative (USTR) announced the extension of remaining product exclusions in the Section 301 Investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. Based on continued consideration of the comments received in response to the December 29, 2023 Federal Register…
Department of Commerce Initiates Section 232 Investigation of Imports of Wind Turbines and Seeks Public Comments
On August 13, 2025, the Department of Commerce (Commerce) initiated an investigation under Section 232 of the Trade Expansion Act of 1962, as amended, to determine the effects on the national security of imports of wind turbines and their parts and components. Interested parties may submit written comments, data, analyses, or other information to the…
Details Emerge on the U.S.-EU Trade Deal Announced in July
On August 21, 2025, the White House published a joint statement from the United States and the European Union (“EU”) announcing “key details” of a Framework on an Agreement on Reciprocal, Fair, and Balanced Trade (“Framework Agreement”). Though presented as a new accord, the Framework Agreement elaborates on a trade deal first announced in late July…
UFLPA Annual Strategy Update: U.S. Department of Homeland Security Designates New High-Priority Sectors and Adds 78 Entities to Forced Labor List
- the Entity List
BIS Adds 407 Derivative Products Now Subject to the Section 232 Tariff on Steel and Aluminum
On August 15, 2025, the Department of Commerce’s Bureau of Industry and Security (BIS) published a Federal Register notice adding 407 codes from the Harmonized Tariff Schedule of the United States (HTSUS) to the list of steel and aluminum derivative products. As a result, these products will now be subject to the Section 232 tariff…
