On November 10, 2022, the Department of Commerce’s International Trade Administration (ITA) announced that it was revoking Russia’s status as a market economy (ME) and reclassifying the country as a non-market economy (NME) for any antidumping (AD) proceeding. In announcing this determination, the ITA noted that Russia’s market-oriented economic reforms “have notably and significantly backtracked.”
Trade Remedy/Enforcement
U.S. Paper File Folder Industry Files Petition Alleging Injury from Dumped Imports from China, India and Vietnam and Subsidized Imports from India
In an October 12, 2022 petition, the Coalition of Domestic Folder Manufacturers (“Coalition”) alleged that paper file folder imports from China, India and Vietnam are being sold in the United States at less than fair market value with dumping rates as high as 236% and that paper file folder imports from India are benefitting from…
U.S. Freight Rail Coupler Industry Files Trade Remedy Petitions Against Imports from China and Mexico
On September 28, 2022, the Coalition of Freight Coupler Producers – McConway & Torley LLC and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (Petitioners) – filed petitions with the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) seeking antidumping and countervailing duties…
Declaring an Emergency, President Biden Exempts Certain Solar Cell Imports from Duties for 24 Months and Invokes DPA to Accelerate Domestic Production
On June 6, 2022, President Joseph Biden announced that he was declaring an emergency “with respect to the threats to the availability of sufficient electricity generation capacity to meet expected customer demand” in the United States. Announcing that a “robust and reliable electric power system” is critical to national security and national defense, the president…
USTR Initiates Four-Year Review of Section 301 Tariff Actions on Imports of Certain Chinese Products
On May 3, 2022, the U.S. Trade Representative (USTR) issued a notice initiating a statutory four-year review of Section 301 tariffs on imports of certain Chinese products initially implemented by the Trump administration.
In its notice, the USTR is seeking comments from domestic industries benefiting from the two Section 301 tariff actions, which became effective…
USTR Releases President Biden’s 2022 Trade Agenda and 2021 Annual Report
On March 1, 2022, the Office of the U.S. Trade Representative (USTR) released President Joe Biden’s 2022 Trade Agenda and 2021 Annual Report. The trade agenda highlights President Biden’s continued focus on a “worker-centered trade policy” by “promoting a broader agenda of fair competition to ensure that workers are competing on the basis of…
Changes to HTSUS Classifications Expected in January
UPDATE: On December 17, 2021, U.S. Customs and Border Protection issued the following statement regarding a delay in updating the 2022 Harmonized Tariff Schedule of the United States (HTSUS):
U.S. Customs and Border Protection (CBP) understands that the five-year World Customs Organization harmonized tariff schedule update will not take effect January 1, 2022. CBP is…
U.S. Freight Rail Coupler Industry Files Trade Remedy Petitions Against Imports from China
On September 29, 2021, the Coalition of Freight Coupler Producers, consisting of Amsted Rail Company, Inc. and McConway & Torley LLC (“Petitioners”), filed petitions with the U.S. Department of Commerce (“Commerce”) and the U.S. International Trade Commission (ITC) seeking antidumping and countervailing duties on imports of freight rail coupler (FRC) systems and components from the…
Treasury Department Issues Updated Advisory on Ransomware Payments
Ransomware attacks have been increasing, forcing many businesses to choose between paying a ransom and losing access to their confidential and proprietary data or information networks and systems.
On September 21, the Department of the Treasury issued an updated advisory that highlights potential sanctions risks for companies that directly make or otherwise facilitate ransomware payments…
Commerce Issues New Trade Remedy Regulations for Antidumping and Countervailing Duty Laws
On September 20, 2021, the Department of Commerce (Commerce) published in the Federal Register amended regulations to improve its administration and enforcement of the antidumping (AD) and countervailing duty (CVD) laws. The AD/CVD laws are intended to provide relief to domestic industries, including businesses, workers, farmers and ranchers, from the injurious effects of unfairly traded…