On November 2, 2023, the Department of the Treasury’s Office of Foreign Assets Control (OFAC), the Department of State, and the Department of Commerce’s Bureau of Industry and Security (BIS) announced a combined effort to designate and sanction numerous additional Russian individuals and entities who have been determined to be assisting in the war against
Trade Remedy/Enforcement
U.S. Supreme Court Declines to Hear Section 232 Steel Appeal
By Scott E. Diamond** & David M. Schwartz on
On October 30, 2023, the U.S. Supreme Court declined to hear another Section 232 national security steel tariff appeal. On July 21, 2023, PrimeSource Building Products, Inc. filed Petition for a Writ of Certiorari with the U.S. Supreme Court, after the U.S. Court of Appeals for the Federal Circuit reversed the lower court decision of…
BIS Adds 13 Chinese Companies to Entity List for Involvement in Developing Advanced Computing Chips
On October 17, 2023, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a Final Rule adding two Chinese entities and their subsidiaries (a total of 13 entities) to the Entity List due to their involvement in the development of advanced computing chips and having been found to be engaged in activities contrary…
BIS Continues to Focus on and Sanction Entities Providing Support to Russia’s Military and Defense Industries
On October 6, 2023, the Department of Commerce’s Bureau of Industry and Security (BIS) added 49 entities from China, Estonia, Finland, Germany, India, Turkey, United Arab Emirates (UAE), and the United Kingdom to the Entity List after determining that these companies were “acting contrary to the national security or foreign policy interests of the United…
WTO Rules China’s Retaliatory Tariffs on U.S. Imports Inconsistent with International Trade Agreements
By David M. Schwartz on
In a landmark ruling on August 16, 2023, the World Trade Organization (WTO) determined that the retaliatory tariffs imposed by China on U.S. imports in response to U.S. steel and aluminum tariffs were inconsistent with international trade rules. The decision marks a significant moment in the long-standing trade dispute between the two major economic powers.
Federal Circuit Rules that CBP Violated Importer’s Due Process Rights in EAPA Case
On July 27, 2023, the U.S. Court of Appeals for the Federal Circuit issued a significant decision in a case involving the alleged evasion of antidumping duties assessed on pencils of Chinese origin by Royal Brush Manufacturing, Inc. (Royal Brush) under the Enforce and Protect Act of 2015 (EAPA). The EAPA is a statutory scheme…
Petitioner Seeks U.S. Supreme Court Review of Decision Allowing Section 232 Tariffs on Steel Derivatives
By Scott E. Diamond** & David M. Schwartz on
On July 21, 2023, PrimeSource Building Products, Inc. filed a Petition for a Writ of Certiorari with the U.S. Supreme Court, after unsuccessfully seeking an en banc hearing before all of the judges at the U.S. Court of Appeals for the Federal Circuit. In that decision, a three-judge panel reversed a lower court decision and…
Department of Commerce Issues Proposed Modifications to Antidumping and Countervailing Duty Regulations
On May 9, 2023, the Department of Commerce (“Commerce”) published proposed rules (“Proposed Rules”) to amend certain areas in its antidumping duty (AD) and countervailing duty (CVD) regulations to “enhance, improve, and strengthen its enforcement of trade remedies.” Interested parties may submit comments by July 10, 2023.
Commerce’s Proposed Rules cover 22 different topics that…
Plaintiffs File Notice of Appeal in China Section 301 Tariff Refund Litigation
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
By Scott E. Diamond** & David M. Schwartz on
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…