Trade Remedy/Enforcement

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The Office of the U.S. Trade Representative (USTR) announced that it will add on January 12, 2021 “certain products of certain EU member States” to the list of products subject to additional duties in the ongoing World Trade Organization (WTO) dispute with the European Union (EU) over subsidies for large civil aircraft.  In October 2019,…

On December 22, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) issued formal notification in the Federal Register of its addition of 77 entities to its Entity List. BIS determined that these entities are “engaging in or enabling activities contrary to U.S. national security and foreign policy interests.”  While these listings were…

On December 8, 2020, the United States and Ecuador signed a new Protocol on Trade Rules and Transparency that updates the U.S.-Ecuador Trade and Investment Council Agreement (TIC Agreement).  The Protocol adds four new annexes on (i) Customs Administration and Trade Facilitation, (ii) Good Regulatory Practices, (iii) Anticorruption and (iv) Small and Medium-Sized Enterprises.  In…

On November 9, 2020, the EU, pursuant to World Trade Organization (WTO) authorization, applied approximately $4 billion worth of retaliatory tariffs on U.S. goods in the latest chapter of the long-running dispute between the EU and the United States over government subsidies provided to both Boeing and Airbus. This retaliation follows an October 2020 WTO…

On October 19, 2020, the Department of Justice (DOJ) filed a motion before the U.S. Court of International Trade (CIT) in the matter of HMTX Industries LLC, et al. v. United States of America, et al. asking that the CIT adopt case management procedures to administer not only this case but also the approximately 3,600…

On October 19, 2020, the United States and Brazil agreed to an updated protocol for the 2011 Agreement on Trade and Economic Cooperation (ATEC) with three new annexes:  Customs Administration and Trade Facilitation, Good Regulatory Practices, and Anticorruption.  U.S. Trade Representative Robert Lighthizer said that the protocol “uses the existing ATEC to establish common standards…

On October 13, 2020, a World Trade Organization (WTO) arbitrator ruled that the European Union (EU) may take countermeasures/implement retaliatory tariffs against the United States for illegal subsidies to Boeing. This ruling allows the EU to request authorization from the WTO’s Dispute Settlement Body (DSB) to take countermeasures against the United States at a level…

On September 30, 2020, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned three Syrian individuals and 13 entities, placing them on the Specially Designated Nationals and Blocked Persons (SDN) List. These persons and entities are associated with the Fourth Division of the Syrian Arab Army, the Syrian General Intelligence Directorate and…

On September 30, President Donald Trump issued an executive order (EO) declaring a national emergency to address “the threat posed by our Nation’s undue reliance on critical minerals, in processed or unprocessed form, from foreign adversaries.” In a message to Congress, the president stated that a “strong America cannot be dependent on imports from foreign…

On September 15, 2020, a dispute settlement panel of the World Trade Organization (WTO) ruled that President Donald Trump’s tariffs against China violate the General Agreement on Tariffs and Trade (GATT) because they are prima facie inconsistent with Articles I:1 (Most-favored Nation Treatment) and certain of the GATT’s schedules and concessions, and the United States…