On February 4, 2021, a three-judge panel at the U.S. Court of International Trade (CIT) denied a broad challenge by Universal Steel Products and several other importers (“plaintiffs”) to Section 232 tariffs that former President Donald Trump placed on steel imports. The plaintiffs had challenged both the report by the U.S. Department of Commerce (“Commerce”)
Webinar Invitation: Considerations for Cross-Border M&A: Canada, the UK & the U.S.
Considerations for Cross-Border M&A: Canada, the UK & the U.S. – Trends in Antitrust & National Security Merger Review
A SmarTrade webinar presented by Thompson Hine LLP
The past year saw significant developments in the cross-border M&A review processes in Canada, the United Kingdom and the United States. National security reviews in Canada and the…
Country-by-Country Guide: Government Measures Taken in Response to COVID-19
Key Notes:
- Many countries have taken various health and safety measures to address the rising number of COVID-19 cases and the new COVID-19 variants.
- Governments continue to support workers and employers affected by the economic instability caused by the pandemic.
- Rollout of COVID-19 vaccines and investments in critical infrastructure are the key issues in government
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CIT Dismisses All but One Claim in Section 232 Steel Tariff Dispute
On January 27, 2021, the U.S. Court of International Trade (CIT) issued an opinion in which it dismissed all but one claim challenging on various grounds a proclamation by former President Donald Trump (Proclamation 9980) that imposed 25% tariffs on, inter alia, various imported products made of steel pursuant to Section 232 of the Trade…
Biden Administration Bolsters Buy American Requirements
Key Notes:
- Tighter requirements for domestic content under consideration.
- New Made in America Office to be established and Made in America director to be appointed.
- Waivers to domestic preference laws subject to heightened scrutiny.
As part of his “Build Back Better” initiative, President Biden issued an executive order (EO) Tuesday that tightens Buy American requirements…
President Biden Issues Executive Order for “Buy American” Criteria in Federal Contracting
On January 25, 2021, President Joe Biden issued an Executive Order (EO) stating that the “United States Government should, whenever possible, procure goods, products, materials, and services from sources that will help American businesses compete in strategic industries and help America’s workers thrive.” The EO tightens Buy American requirements by enhancing enforcement efforts, increasing domestic…
DDTC Updates Review Policy for Commercial Sales and Exports of Precision-Guided Munitions
The Department of State’s Directorate of Defense Trade Controls (DDTC) has announced that it will be adjusting the review policy to ensure U.S. partners receiving such items can employ them in a manner that will “minimize collateral damage and mitigate harm to civilians.”
The announcement notes that the “responsible and effective employment of PGMs requires…
Biden Administration Places Hold on Recent Regulations Pending Review
On January 20, 2021, Ronald Klain, President Joseph Biden’s Chief of Staff, issued a memorandum to the current heads of all executive branch departments and agencies placing a freeze on the implementation of any new federal regulations, a typical move at the start of a new president’s term. This hold on further action will allow…
BIS Issues Interim Final Rule Expanding Certain Controls on Activities of U.S. Persons
On January 15, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) issued an interim final rule implementing further provisions of the Export Control Reform Act of 2018 by: (i) imposing additional export license requirements under the Export Administration Regulations (EAR) in connection with certain military-intelligence end uses and end users; (ii) clarifying…
OFAC Sanctions Individuals, Entities and Vessels Involved in Venezuelan Oil Sector
On January 19, 2021, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned and placed on the Specially Designated Nationals (SDN) List three individuals, fourteen entities, and six vessels for their involvement in a network attempting to evade U.S. sanctions on Venezuela’s oil sector. According to a press release, the “illegitimate…
