On March, 11, 2021, the U.S. government, the defendant in the ongoing U.S. Court of International Trade (CIT) China tariff refund litigation filed its master answer and anticipated affirmative defenses in response to the thousands of complaints challenging the legality of the additional duties implemented on certain imports from China pursuant to Section 301 of
BIS Seeking Comments on Risks in the Semiconductor Manufacturing and Advanced Packaging Supply Chains
The Department of Commerce’s Bureau of Industry and Security (BIS) has issued a notice seeking public comment on the risks in the semiconductor manufacturing and advanced packaging supply chains. This request is a direct result of President Joseph Biden’s recent Executive Order 14017 and the need for resilient, diverse, and secure supply chains for critical
CIT Dismisses Case Challenging Constitutionality of Section 232 Tariffs
On March 10, 2021, the U.S. Court of International Trade (CIT) issued an opinion dismissing all claims by Thyssenkrupp Materials NA Inc. (Thyssenkrupp) challenging the constitutionality of the federal government’s administration of Section 232 aluminum and steel duties under the Trade Expansion Act of 1962. The CIT addressed whether the modified process created by the
BIS Implements Additional Export Restrictions on Burma
On March 4, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) announced further export restrictions on Burma initially implemented in February 2021. See Update of February 18, 2021. These actions are in response to the coup in Burma on February 1, 2021, in which the military overthrew the democratically elected civilian
USTR Again Extends Section 301 Tariff Exclusions for Certain Medical Products from China Necessary for COVID-19 Response
The Office of the U.S. Trade Representative (USTR) has announced that it will continue to exclude Section 301 duties on imports of certain Chinese medical care products needed to address the COVID-19 pandemic. The current exclusions were set to expire on March 31, 2021 (see Update of December 23, 2020); however, with this
U.S. and EU Temporarily Suspend WTO Retaliatory Tariffs on Large Civilian Aircraft
On March 5, 2021, the United States and the European Union (EU) issued a joint statement announcing a suspension of World Trade Organization (WTO)-authorized retaliatory tariffs in the trade dispute involving government subsidies for large civilian aircraft. The statement notes the suspension “will cover all tariffs both on aircraft as well as on non-aircraft products,
U.S. and UK Temporarily Suspend WTO Retaliatory Tariffs on Large Civilian Aircraft
On March 4, 2021, the United States and the United Kingdom released a joint statement announcing a suspension of World Trade Organization (WTO)-authorized retaliatory tariffs in the WTO’s longest-running trade dispute involving government subsidies for large civilian aircraft. The statement notes that the UK ceased applying retaliatory tariffs on January 1, 2021, and that the
USTR Releases President Biden’s 2021 Trade Agenda and 2020 Annual Report
On March 1, 2021, the Office of the United States Trade Representative (USTR) released President Joseph Biden’s 2021 Trade Agenda and 2020 Annual Report. Providing an overview of “a comprehensive trade policy in support of the administration’s effort to help the U.S. recover from the COVID-19 pandemic and build back better,” the report states
President Biden Issues Executive Order on Securing Critical Supply Chains
On February 24, 2021, President Joseph Biden signed an executive order seeking “to create more resilient and secure supply chains for critical and essential goods.” Noting shortages over the past year of medicine, food and computer chips, the president stated that, “While we cannot predict what crisis will hit us, we should have the capacity
OFAC and BitPay Enter into Settlement Agreement for Apparent Violations Related to Digital Currency Transactions
On February 18, 2021, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) entered into a $507, 375 settlement with BitPay, Inc. (“BitPay”) for 2,102 apparent violations of multiple sanctions programs. BitPay, a cryptocurrency company offering payment processing solutions for merchants to accept digital currency as payment for goods and services, agreed to