The United States Department of Commerce (DOC) finalized its verdict on August 18, 2023, in relation to the sidestepping of antidumping and countervailing duty (AD/CVD) orders A-570-979 and C-570-980. The orders pertain to certain crystalline silicon photovoltaic (CSPV) cells and modules. The adjustments were filed by Auxin Solar against imports from four countries: Cambodia, Malaysia,…
The scourge of forced labor in trade is not a fresh phenomenon. Over several decades, the United States has enforced a ban on the importation of goods produced with forced labor through the U.S. Tariff Act of 1930 (“Tariff Act”). Specifically, Section 307 of the said Act has outrightly forbidden the importation of “all goods,…
The International Trade Commission (ITC) is hosting a webinar titled ‘Redesign and Remedy at the ITC’ on October 4th from 1:00 pm to 2:00 pm EDT. This timely virtual event is generating anticipation among legal professionals in large corporations and law firms worldwide. Presenters at the webinar aim to enlighten attendees with insights regarding the…
Legal professionals and corporate import-export teams may find interest in an informative webinar that is set to take place on the 26th of October at 8:00 am PT. The webinar titled ‘Harmonized Tariff Schedule Classification’ promises to provide an understanding of the Harmonized System (HS), widely used by nearly all countries for the evaluation of…
In a recent judgment dated September 6, 2023, Judge M. Miller Baker of the U.S. Court of International Trade (CIT) has clarified a significant point concerning the Administrative Procedure Act (APA) cases and the court’s residual jurisdiction. The judge confirmed, in three distinct legal disputes, that the tool of reliquidation is indeed an available remedy…
The Committee on Foreign Investment in the United States (CFIUS) convened for its second annual conference on September 14th, offering valuable insight into critical developments that influence CFIUS’s operations. The event represented a singular occasion to partake in candid discussions among senior government officials and eminent legal practitioners. One of the attendees was Chris Griner,…
In an important move, the US Department of Transportation (USDOT) has decided to suspend a rule that permits the transport of liquefied natural gas (LNG) by rail. This move, which will be effective from October 31, 2023, targets a regulation implemented during the Trump administration, which facilitated the transportation of LNG in large quantities by…
Despite relatively infrequent interactions with anti-boycott regulations amid companies engaged with international trade, the issue undoubtedly presents itself on occasion. Anti-boycott rules were first introduced under the Export Administration Act of 1979 (the ‘Act’) with the aim to safeguard U.S. commercial practices as well as foreign policy. Although the Act might be less discussed, it…
In the realm of financial regulations, a significant development occurred on Wednesday, September 13th, 2023. The U.S. House Committee on Financial Services held a session, the focus of which was a discussion on “Oversight of the Committee on Foreign Investment in the United States (CFIUS) and Other Efforts to Strengthen National Security in the United…
In an effort to fortify national security through vigorous corporate enforcement, the US Department of Justice (DOJ) appears increasingly committed to prosecuting corporate crimes that have national security implications. This focus marks a defining characteristic of the DOJ’s work under the Biden Administration. The National Security Division (NSD) of the DOJ seems to be directing…
News from September 27, 2023, indicated the United States Department of Commerce’s Office of Antiboycott Compliance, a section within the Bureau of Industry and Security (“BIS”), delivering a relatively infrequent and striking enforcement action. The target of their strike was defense titan Pratt & Whitney (“P&W”) whom they charged with intentionally disregarding antiboycott regulations outlined…
Legal professionals may be interested in a notice on future significant legislative development — the “Build America, Buy America” Act, also known as BABA, contained within the Infrastructure Investment and Jobs Act. Signed into law on November 15, 2021, by President Biden, the act is scheduled to become effective from October 23, 2023. The Infrastructure…
In this August 2023, the trade law landscape has undergone significant developments. Husch Blackwell’s August 2023 Trade Law Update has detailed the most notable changes. The report covers a range of updates in international trade and supply chain law. One of the key areas of focus has been the decisions made by the U.S. Department…
On September 6, 2023, the Office of the US Trade Representative (USTR), recognized for overseeing the implementation of Section 301 tariffs on imports from China, declared a subsequent extension for 352 exclusions along with 77 COVID-19-related exclusions. The previous decision came as a crucial facilitator for numerous law firms and multinational corporations. The extension granted…
In the realm of international trade law, August offered substantial activity as far as enforcement actions are concerned, with a couple of significant Russia-related cases capturing the spotlight. The first case of note involved a dual Russian-German citizen. The individual was arrested and subsequently charged with breaching the Export Control Reform Act (ECRA) by allegedly…
As 2023 approaches, compliance with the Office of Foreign Assets Control (OFAC) is becoming a critical priority for financial institutions and businesses subject to its oversight. This is especially true considering the increasingly active role that OFAC is playing in managing financial transactions between U.S. and foreign entities. This enforcement is keyed towards safeguarding national…
There have been a number of U.S. sanctions and restrictions sustained on Ethiopia and Eritrea due to their incomplete execution of the peace agreement made with the Tigray People’s Liberation Front in November 2022. The drawn-out contention, marked by repetitive reports of human rights violations in the region, has drawn international attention. While substantial strides…
August 2023 marked another engaging month in the sphere of the International Trade Commission (ITC) law, as a variety of impactful legal developments came to the surface. The month was particularly highlighted by a new complaint filed for a violation of Section 337 in the ITC. The filing was initiated by a single complainant, a…
In recent trade developments, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has imposed sanctions on four Russian individuals who have previously served as board members of Alpha Group. This critical information has emerged from Lowenstein Sandler’s Global Trade & National Security Newsletter for September 2023, as reported by JD Supra….
On August 28, the U.S. Department of Commerce, Bureau of Industry and Security (BIS), introduced proposals for new regulations aimed at revising specific aspects of the exclusion process for Section 232 steel and aluminum tariffs. Alongside these propositions, the BIS openly asked for additional public comments regarding its new proposals. Read more The revisions aim…
On August 18, 2023, the U.S. Department of Commerce issued critical final determinations in its circumvention inquiries concerning the import of certain solar cells and modules from Cambodia, Malaysia, Thailand, and Vietnam (collectively referred to as CMTV). The Department of Commerce alleged that these imports were evading previously levied duties against the People’s Republic of…
The US Department of Commerce (Commerce) has issued a final determination regarding the circumvention of antidumping and countervailing duty (AD/CVD) orders associated with imports of Crystalline Silicon Photovoltaic (CSPV) cells and modules from China. The investigation primarily focused on whether CSPV cells and modules originating from Cambodia, Malaysia, Thailand, and Vietnam, but constructed using parts…
As geopolitical tension rises and the US continues to expand its sanctions, the national agencies are intensifying their resources and attention on the investigation of possible sanctions violations. The primary focus of these investigations covers dealings associated with Russia, China, and Iran. For this reason, companies must understand the investigative procedures undertaken by both the…
The complexities of managing international trade items, particularly within the realm of legal and business sectors, are notably extensive. One key component of the trade regulation landscape which professionals from multiple industries should be aware of is the ITAR, or International Traffic in Arms Regulations. Under ITAR, any individual or company situated in the United…
Adherence to compliance procedures in international trade relations is becoming increasingly critical for corporations, particularly in the current geopolitical context. Many companies have found it necessary to reassess their export control compliance procedures, especially with respect to nations such as Russia, China, and Venezuela, which have adversarial or strained relations with the United States. In…