Trade Remedy/Enforcement

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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…

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…

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…

On March 2, 2021, the Departments of Commerce, State and the Treasury imposed sanctions and export restrictions on numerous Russian officials and government entities in response to the Russian Federation’s imprisonment and alleged previous poisoning of opposition figure Aleksey Navalny. These actions follow similar sanctions imposed by the European Union and the United Kingdom. Dozens…

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,…

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…

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…

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…

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…