Entering October Term 2019, the U.S. Supreme Court had never reviewed a Section 337 investigation. However, some court-watchers thought that Comcast Corporation v. International Trade Commission might have the right ingredients to break that 90-year streak: a former U.S. Solicitor General representing the petitioners; allegations that Chevron deference had led to regulatory overreach; and a
USTR and ITC to Consider Trade Impacts on COVID-19 Response
The ongoing COVID-19 pandemic has impacted almost every aspect of law and public policy, and trade has certainly been no exception. Given that the supply chains for many critical medical supplies and forms of personal protective equipment (“PPE”) run through China, it was inevitable that this impact would affect the Section 301 investigation of
USTR Opens Section 301 Investigation into French Digital Services Tax, Announces Public Comment Period
On July 10, the Office of the U.S. Trade Representative (“USTR”) announced that it had opened an investigation directed at the Government of France under Section 301 of the Trade Act of 1974. The announcement came as the French Senate considered a new digital services tax (“DST”)—enacted a day later—imposing a 3% revenue tax on companies providing certain online services directed at French customers that earn annual revenues of at least €25 million in France and at least €750 million worldwide.