On September 13, 2024, the U.S. Trade Representative (USTR) announced that it has finalized the modifications to the Section 301 trade actions following the completion of its four-year statutory review in May 2024. As described in a prior post, on May 22, 2024 USTR released a draft list of imported goods for which it
Jamie Shookman
Jamie’s experience representing federal government agencies in trade and customs matters helps clients navigate U.S. trade laws as they grow their businesses. Jamie’s practice draws on her extensive experience handling cases in the U.S. Court of International Trade and learning the inner workings of the federal agencies involved. She primarily represents domestic manufacturers, advising on complex regulatory regimes, proactively assessing new trade programs, and handling litigation as it arises.
FLETF Identifies New High-Priority Sectors in Updated UFLPA Strategy: Polyvinyl Chloride (PVC), Aluminum, and Seafood
On July 9, 2024, the Forced Labor Enforcement Task Force (FLETF) issued its annual update to its guidelines enforcing the Uyghur Forced Labor Prevention Act (“UFLPA”) in a Report to Congress titled “2024 Updates to the Strategy to Prevent the Importation of Goods Mined, Produced, or Manufactured with Forced Labor in the People’s Republic of…
Biden Administration Increases Tariffs on Imports of Aluminum and Steel
On July 10, 2024, the Biden Administration announced tariff increases on imports of aluminum and steel products. The tariff increases are the latest measure to combat the circumvention of Section 301 duties imposed against Chinese origin products by shipping the products through third countries.
The modifications apply to goods entered or withdrawn for consumption…
USTR Issues List of Proposed Section 301 Tariff Increases in Strategic Sectors, Invites Public Comment, Suggests Possible Exclusions for Equipment Used in Domestic Manufacturing, and Remains Silent on Fate of Existing Exclusions
On May 22, 2024, the U.S. Trade Representative released a draft Federal Register notice containing the list of imported goods for which it proposes to increase Section 301 duty rates. USTR also announced that it was considering an exclusion process by which U.S. manufacturers may request that “particular machinery used in domestic manufacturing be temporarily…
DHS Significantly Expands UFLPA Entity List
On May 16, 2024, the Department of Homeland Security announced that it is adding twenty-six entities to the Uyghur Forced Labor Prevention Act (“UFLPA”) Entity List, the consolidated register of four lists required by section 2(d)(2)(B)(ii) of the UFLPA. The UFLPA and its Entity List are explained in more detail in a prior post. DHS…
U.S. Trade Representative Releases Section 301 Review, Announces Increases in Section 301 Duties for Select Products, and Indicates that Existing Exclusions are Scheduled to Expire on May 31
As previewed over the course of the last month, the Biden Administration has announced that intends to increase Section 301 tariff rates for a host of products, including critical minerals used in battery production, and solar cells and modules. Today’s announcement comes in the context of the U.S. Trade Representative completing its four-year review of…
Commerce Issues Preliminary Antidumping Determination in Aluminum Extrusions Investigations in 14 Countries; Invites Further Comments on Scope
On May 1, 2024, the U.S. Department of Commerce (“Commerce”) announced affirmative preliminary determinations in the antidumping investigation of aluminum extrusions from the People’s Republic of China, Colombia, Ecuador, India, Indonesia, Italy, the Republic of Korea, Malaysia, Mexico, Taiwan, Thailand, the Republic of Türkiye, the United Arab Emirates, and the Socialist Republic of Vietnam. Commerce…
Customs to Allow Administrative Protective Orders in EAPA Investigations
Effective April 17, 2024, U.S. Customs and Border Protection (“CBP”) has amended its regulations implementing the Enforce and Protect Act of 2015 (“EAPA”), a statute granting increased authority to investigate allegations of evasion of antidumping and countervailing duty (“AD/CVD”) orders. The amendments were issued in a final rule of March 18, 2024, and they are…
Commerce Issues New Antidumping and Countervailing Duty Regulations
On March 22, 2024, the Department of Commerce (“Commerce”) released its anticipated new final countervailing duty regulations authorizing the agency to investigate subsidies provided by third country governments to manufacturers in the country under investigation. From 1997 to the present, Commerce limited its examination of subsidies to those programs and benefits provided by the investigated…
The Court of International Trade Rules That Chinese Companies Are Unlikely To Succeed In Case Challenging Their Placement On The UFLPA Entity List
In a February 27, 2024 opinion issued by Judge Gary S. Katzmann, the Court of International Trade held that Ninestar Corporation and its corporate affiliates (“Ninestar”), Chinese manufacturers and sellers of laser printers and printer-related products, were unlikely to succeed on the merits of a case challenging their placement on the Uyghur Forced Labor Prevention…