On June 13, 2023 a bipartisan group of Senators on the Finance Committee released an open letter requesting input from the trade community on how to modernize U.S. customs laws to ensure the U.S. remains competitive in the global market. The letter highlights four specific topics on which they are seeking feedback: (1) improving trade
Leveling the Playing Field 2.0 Act of 2023
On June 7, 2023, Senators Sherrod Brown and Todd Young introduced the Leveling the Playing Field 2.0 Act, which would amend that Tariff Act of 1930 to give the U.S. Department of Commerce (“Commerce”) and Customs and Border Protection (“CBP”) broader power to address unfair trade practices. A substantially similar companion bill was introduced in
Federal Judge Issues Order on Use of Artificial Intelligence and Implications for Inadvertent Release of Proprietary Information
Judge Stephen Alexander Vaden of the Court of International Trade (“CIT”) issued an order on June 8, 2023 to address increasing concerns related to the use of generative artificial intelligence platforms in drafting documents that are publicly filed in the litigation process. The order reflects a growing awareness of the novel risks associated with using
Biden Issues Second Suspension of Section 232 Duties on Ukrainian Steel
On May 31, 2023, the President of the United States issued Proclamation 10588, announcing a one-year suspension of duties on Ukrainian steel and its derivatives under Section 232 of the Trade Expansion Act of 1962, as amended. The action extended a previous one-year suspension of Section 232 duties on Ukrainian steel that was issued
U.S. Trade Remedies: Leveling the Playing Field Act of 2.0
The House of Representatives recently passed the America Creating Opportunities for Manufacturing, Pre-Eminence in Technology and Economic Strength (COMPETES) Act of 2022, H.R. 4521, 117th Cong. (2021-2022). The bill includes provisions from U.S. Senator Sherrod Brown’s (D-OH) Leveling the Playing Field 2.0 (Leveling 2.0) which aims specifically to strengthen the U.S. trade
CBP Unveils New Interactive Dashboard at UFLPA Technical Expo
This week, at the highly anticipated forced labor expo, Customs and Border Protection (CBP) unveiled its new Uyghur Forced Labor Prevention Act (UFLPA) Statistics Dashboard aimed at providing transparency for UFLPA enforcement. The interactive dashboard was expected to be released on March 31st, but was unveiled ahead of time on CBP’s website at
Biden Administration Increases Tariffs on Russian Aluminum and 100 Other Products on One-Year Anniversary of Russia’s Invasion of Ukraine
On February 24, 2023, the Biden Administration announced the imposition of additional tariffs on Russian imports of aluminum and approximately 100 other individual products. The imposition of these additional tariffs was announced on the one-year anniversary of Russia’s invasion of Ukraine. The White House announced its continued support of Ukraine in a series of actions
CBP Releases New Resources for UFLPA Enforcement & Applicability Reviews
On February 23, 2023, U.S. Customs and Border Protection (“CBP”) released new guidance for importers seeking admissibility of goods under the Uyghur Forced Labor Prevention Act (“UFLPA”). The three guidance documents include an updated Frequently Asked Questions (FAQ), best practices for applicability reviews, and tips on submitting executive summaries and documentation when under an applicability
Department of Commerce Sets Deadlines for Certifications in Solar Panels Anti-Circumvention Case Regarding Cambodia, Malaysia, Thailand and Vietnam
On December 8, 2022, the Department of Commerce published its anti-circumvention preliminary determination with respect to the four Southeast Asian countries named above. The publication of the preliminary determination triggers the effective date of the certification process for importers to obtain exemptions from antidumping and/or countervailing duties for imports of solar panels. Any entity which
Commerce Finds Solar Cells and Modules from Cambodia, Malaysia, Thailand, and Vietnam Circumventing AD/CVD Orders
On December 2, 2022, the Department of Commerce (“Commerce”) announced its preliminary circumvention determination with respect to certain solar cells and modules exported from Cambodia, Malaysia, Thailand, and Vietnam. Commerce found that imports of solar cells from all four countries circumvented the antidumping (“AD”) and countervailing (“CVD”) orders on solar cells and modules from the