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
Government Defendants File Response to Plaintiffs’ Comments on USTR’s Remand Explanation in Section 301 Tariff Refund Litigation
By Scott E. Diamond** on
On Friday, November 4, 2022, the government defendants in the ongoing Court of International Trade (CIT) litigation challenging the validity of the China Section 301 tariffs filed their response to the comments of the plaintiff group and amici curiae on the remand explanation of the Office of the U.S. Trade Representative (USTR). In filing their…
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…
BIS Issues Interim Final Rule to Implement Additional Export Controls on Advanced Computing and Semiconductor Items
By Scott E. Diamond** on
On October 7, 2022, the Department of Commerce’s Bureau of Industry and Security (BIS) issued an Interim Final Rule implementing additional export controls on advanced computing integrated circuits (ICs), computer commodities that contain such ICs, and certain semiconductor manufacturing items. BIS made clear in its announcement that advanced computing items and “supercomputers” can be used…
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…
Plaintiffs in China Section 301 Tariff Refund Litigation File Comments on USTR’s Remand Explanation
On September 14, 2022, the plaintiff group in the ongoing China Section 301 tariff refund litigation before the Court of International Trade (CIT) filed its comments in response to the USTR’s remand explanation. The comments highlight that the CIT offered the USTR a final opportunity to explain its rationale and reasoning as to why it…
USTR Files Remand Results Explanation in China Section 301 Tariff Refund Litigation
On August 1, 2022, and as directed by the U.S. Court of International Trade (CIT) in its April 2022 decision (see Update of April 6, 2022), the Office of the U.S. Trade Representative (USTR) filed a 90-page explanation in support of its rationale for imposing List 3 and List 4A tariff determinations to…
Federal Circuit Dismisses Broad Challenge to Section 232 Tariffs
By Scott E. Diamond** & David M. Schwartz on
In a June 9, 2022 opinion, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit or CAFC) upheld the decision by the U.S. Court of International Trade (CIT) dismissing Universal Steel Products Holding’s challenge to Section 232 tariffs that the Trump administration placed on steel imports. The plaintiffs had earlier challenged both…
Declaring an Emergency, President Biden Exempts Certain Solar Cell Imports from Duties for 24 Months and Invokes DPA to Accelerate Domestic Production
By Scott E. Diamond** & David M. Schwartz on
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…