On May 12, 2023, the plaintiff group in the China Section 301 tariff refund litigation, in response to the recently issued decision by the U.S. Court of International Trade (CIT) upholding those Section 301 tariffs, formally filed its Notice of Appeal. The appeal will be heard by the U.S. Court of Appeals for the
Plaintiffs Seek Full Federal Circuit Rehearing of Decision Allowing Section 232 Tariffs on Steel Derivatives
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
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
UPDATED: President Biden Issues Proclamations Increasing the Tariff Rates on Russian Aluminum to 200% and Significantly Increasing Rates on Other Russian Products
On the one-year anniversary of Russia’s invasion of Ukraine, President Joseph Biden on February 24, 2023, issued a Proclamation on Adjusting Imports of Aluminum Into the United States to implement: (1) effective March 10, 2023, a 200% import tariff on aluminum articles and derivative aluminum articles that are the products of Russia, and (2) effective
New Export Control Measures on Iran Address Iranian UAVs and Their Use by Russia in War with Ukraine
On February 24, 2023, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a Final Rule amending the Export Administrations Regulations (EAR) to impose new export control measures on Iran. These measures address the use of Iranian Unmanned Aerial Vehicles (UAVs) (aka, Unmanned Aircraft System (UAS), aka drones) by Russia in its ongoing
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
Treasury Publishes Final Guidance on the Russian Oil Price Cap
On February 3, 2023, the Department of the Treasury (Treasury) issued multiple determinations related to the price cap to be set on Russian-origin petroleum products. Treasury also published finalized guidance on the broader price cap policy implemented by the “Price Cap Coalition” – an international coalition that includes the United States, the G7, the European Union
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