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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…

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…

The three-judge panel established by the Court of International Trade (CIT) to manage the China Section 301 tariff refund litigation has issued two procedural orders in the recently-established master case (Court No. 21-cv-00052-3JP) (see Update of February 8, 2021), setting a path forward for this massive litigation.

In a February 10, 2021 order…

The Department of Justice (DOJ) has filed motions in federal court seeking a pause in litigation involving TikTok and WeChat until the new administration of President Joseph Biden has time to consider former President Trump’s August 6, 2020 Executive Orders declaring that these Chinese social media apps are a national security threat and prohibiting certain…

In a February 5, 2021 order, after months of delay, the U.S. Court of International Trade (CIT) is proceeding in the China Section 301 tariff refund litigation with the appointment of a three-judge panel consisting of Judge Mark A. Barnett, Judge Claire R. Kelly and Judge Jennifer Choe-Groves. This is the CIT’s first action…

Considerations for Cross-Border M&A: Canada, the UK & the U.S. – Trends in Antitrust & National Security Merger Review

A SmarTrade webinar presented by Thompson Hine LLP

The past year saw significant developments in the cross-border M&A review processes in Canada, the United Kingdom and the United States. National security reviews in Canada and the…

On January 15, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) issued an interim final rule implementing further provisions of the Export Control Reform Act of 2018 by: (i) imposing additional export license requirements under the Export Administration Regulations (EAR) in connection with certain military-intelligence end uses and end users; (ii) clarifying…

On January 15, 2020, the Office of the U.S. Trade Representative (USTR) released its annual reports submitted to Congress that assess China’s and Russia’s implementation of their World Trade Organization (WTO) commitments. In keeping with past annual USTR reports during the administration of President Donald Trump, the reports note that these countries’ records of compliance…

Key Notes:

  • U.S. persons must divest their holdings of publicly traded securities, derivatives and similar instruments of CCMCs by November 11, 2021.
  • Holdings in mutual funds and other pooled investment vehicles are subject to the divestment requirements.

On January 13, President Trump amended his previously issued Executive Order to address confusion over whether U.S. persons…