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Nithya Nagarajan

Nithya’s extensive background in U.S. trade issues spans 25 years and includes various roles in a number of federal government agencies, including the Department of Commerce Department of Justice, and the U.S. Court of International Trade. She assists clients with administrative and regulatory actions before the Department of Commerce, International Trade Commission and U.S. Customs and Border Protection (CBP) and defends clients in appeals before the Court of International Trade, Court of Appeals for the Federal Circuit, NAFTA panels and the World Trade Organization. In addition to her body of U.S. experience, Nithya is also well-versed in international trade issues in China and India.

On June 3, 2026, President Trump issued an executive order (“EO”) directing U.S. Customs and Border Protection (“CBP”) to reform many of its enforcement provisions. Titled “Strengthening Customs Enforcement,” the EO targets preventing the importation of unlawful and dangerous goods, tightening eligibility and identification requirements for importers of record (“IORs”), and ensuring compliance with Federal

In the latest developments regarding tariffs paid under the International Economic Emergency Powers Act (“IEEPA”), the U.S. Department of Justice (“DOJ”) has formally appealed the U.S. Court of International Trade’s (“CIT”) April 17, 2026, universal injunction ordering refunds to all importers to the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”).  The DOJ has

On May 29, 2026, the Office of the U.S. Trade Representative announced it initiated an investigation of Vietnam under Section 301 of the Trade Act of 1974 (“Section 301”) regarding the country’s intellectual property protection and enforcement.

The USTR had identified Vietnam as a “Priority Foreign Country” in its April 30, 2026 Special 301 Report

On May 29, 2026, the U.S. Department of Justice (“DOJ”) indicated that it will appeal the U.S. Court of International Trade’s (“CIT”) universal injunction ordering U.S. Customs and Border Protection (“CBP”) to reliquidate final entries (entries more than 90 days past liquidation) and refund duties paid under the International Economic Emergency Powers Act (“IEEPA”) by

On May 27, 2026, following a closed-door conference in Euro-Notions Florida v. United States (CIT # 25-00595) (“Euro-Notions”), Judge Eaton issued two (2) orders which will require U.S. Customs and Border Protection (“CBP”) to explain the Government’s position on issuing IEEPA refunds for all entries, including those that have liquidated beyond the statutory reliquidation period

On May 28, 2026, the U.S. Department of Commerce (“Commerce”) and the Office of the United States Trade Representative (“USTR”) announced reduced tariffs under Section 232 of the Trade Expansion Act of 1962, (“Section 232 tariffs”) for certain aircraft components, automobile parts and wood products from Taiwan effective May 1, 2026. The published Federal Register Notice comes

On May 20, 2026, the U.S. Court of International Trade (CIT) denied the Government’s request to pause the CIT’s May 7 ruling during the appeals process. For now, Section 122 duties remain unlawful, and U.S. Customs & Border Protection (CBP) cannot collect Section 122 duties from plaintiffs Burlap & Barrel, Basic Fun, and the State of Washington. 

The Road to SCOTUS

Beginning in February 2025, President Trump imposed new tariffs on imported goods through a series of executive orders, relying on the International Emergency Economic Powers Act (IEEPA) as the claimed authority for imposing tariffs. In time, the new tariffs affected imported goods from nearly all countries. Legal challenges followed.

In V.O.S. Selections, Inc. v. United States, the Court of International Trade (CIT) enjoined the enforcement of the tariffs against the plaintiff, and the Federal Circuit affirmed. In Learning Resources, Inc. v. Trump, the U.S. District Court for the District of Columbia held that IEEPA does not authorize tariffs. The U.S. Supreme Court granted certiorari in both cases, and on February 20, 2026, issued its opinion holding that IEEPA does not authorize the President to impose tariffs. Two days later, U.S. Customs and Border Protection (CBP) announced that it would no longer collect IEEPA tariffs effective February 24, 2026.

On May 7, 2026, LANXESS Corporation (“Petitioner”) filed petitions requesting the imposition of antidumping and countervailing duties on imports of N-Cyclohexylbenzothiazole-2-Sulfenamide (“CBS”) from the People’s Republic of China.

SCOPE OF THE INVESTIGATION

The proposed scope of these investigations is as follows:

The product subject to this investigation is N-Cyclohexylbenzothiazole-2- sulfenamide (“CBS”), also known as N-cyclohexyl-2-

On May 7, 2026, the United States Court of International Trade (“CIT” or “Court”) invalidated Proclamation No. 11012 in The State of Oregon, et al. v. United States, et al. and Burlap and Barrel, Inc., et al. v. United States, et al., holding that the President exceeded his statutory authority in imposing a temporary