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
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.
Petition Summary: Ferrosilicon from Federative Republic of Brazil, the Republic of Kazakhstan, Malaysia, and the Russian Federation
On March 28, 2024, CC Metals and Alloys, LLC (“CCMA”) and Ferroglobe USA, Inc.(“Ferroglobe”) (“Petitioners”), filed a petition for the imposition of antidumping and countervailing duties on ferrosilicon from the Federative Republic of Brazil (“Brazil”), the Republic of Kazakhstan (“Kazakhstan”), Malaysia, and the Russian Federation (“Russia”).
SCOPE OF THE INVESTIGATION
The following language describes…
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…
Customs Modernization Bill Addresses Trade Reform
On December 8, 2023, Senators Bill Cassidy and Sheldon Whitehouse introduced a new version of the Customs Modernization bill to amend the Tariff Act of 1930. The new proposal comes over two years after Senator Cassidy initially proposed draft legislation, which we explained in a prior post. The most recent proposed bill aims to…
DHS Adds More Companies to the UFLPA Entity List
The Department of Homeland Security announced on December 8, 2023 that it is adding three 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. …
Preparing for Impact of Government Shutdown on International Trade Functions
As of Friday September 29, 2023, the United States Congress has yet to reach a spending agreement, as a result companies with international trade operations should prepare for a potential Federal government shutdown. The shutdown, which is expected to take place beginning as of 12:01 am October 1, 2023, will cause significant changes to international…
The Court of International Trade Rules that Reliquidation is Available as a Remedy in APA Cases Brought Under the Court’s Residual Jurisdiction Provision
In a September 6, 2023 opinion issued by Judge M. Miller Baker in three cases brought under the Court’s residual jurisdiction provision, 28 U.S.C. § 1581(i), the U.S. Court of International Trade (“CIT”) held that reliquidation is available as a remedy in Administrative Procedure Act (“APA”) cases. At least in the short term, this decision creates…
USTR EXTENDS REINSTATED SECTION 301 EXCLUSIONS AND COVID-RELATED SECTION 301 EXCLUSIONS
On September 6, 2023, the United States Trade Representative (“USTR”) announced that it will extend 352 reinstated exclusions and 77 COVID-related exclusions to duties imposed on goods from China pursuant to Section 301 of the Trade Act of 1974. The USTR imposed Section 301 duties in four tranches or “lists,” and it established a process…
Biden Administration Proposes Significant Changes to Section 232 Exclusion Process
On Monday, August 28, 2023, the Bureau of Industry and Security (“BIS”) of the U.S. Department of Commerce issued a Proposed Rule that, if implemented, would make significant changes to the regulations governing exclusions from the duties and quotas on imports of aluminum and steel imposed pursuant to Section 232 of the Trade Expansion Act…
Commerce Issues Final Determination on Circumvention of Solar Cells and Modules from Cambodia, Malaysia, Thailand, and Vietnam
On August 18, 2023, the Department of Commerce (“Commerce”) announced its final determination that certain solar cells and modules exported from Cambodia, Malaysia, Thailand, and Vietnam are circumventing the antidumping (“AD”) and countervailing (“CVD”) orders on imports from China after conducting its investigation for over 18 months. Any duties will only go into effect in…