International Trade & Supply Chain

On September 21, 2022, the Senate passed the Kigali Amendment to the 1987 Montreal Protocol by a vote of 69 to 27.  While many have described the passage as largely symbolic it re-affirms the US’s commitment to the hydrofluorocarbon (“HFC”) phasedown, the implementation of which is already causing shifts in import and export markets, as well as the consumer market.   

On October 3, 2022, the Department of Commerce (“Commerce”) announced in the Federal Register the opportunity to request an annual administrative review for products that are currently subject to antidumping and countervailing duties and suspension agreements. The products and countries that have been listed in the Federal Register notice are the following:

On September 28, 2022, the Coalition of Freight Coupler Producers (“CFCP” or “Petitioner”), filed a petition for the imposition of antidumping duties pursuant to section 731 of the tariff act of 1930 on imports of Certain Freight Rail Couplers and Parts Thereof from the People’s Republic of China and the United Mexican States and for

On September 16, 2022, the Biden Administration announced the final rule regarding a two-year pause on the imposition of new anticircumvention duties on imports of solar cells and modules from Cambodia, Malaysia, Thailand and Vietnam.  This decision was in response to significant opposition from importers of solar panels who have been expressing concerns about the

On August 2, 2022, the Department of Commerce (“Commerce”) announced in the Federal Register the opportunity to request an annual administrative review for products that are currently subject to antidumping and countervailing duties. The products and countries that have been listed in the Federal Register notice are the following:

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  • Canada: Utility Scale Wind Towers

On June 13th, Customs and Border Protection (“CBP”) released its Operational Guidance For Importers to prepare companies for the Uyghur Forced Labor Prevention Act (“UFLPA”). UFLPA enforcement is set to take effect June 21st and will apply a rebuttable presumption standard to imports tied in whole or in part to the Xinjiang Uyghur Autonomous Region or entities identified by the U.S. government on the soon to be published UFLPA Entity List.

On June 6, 2022, President Biden declared a national emergency (the “Declaration”) in relation to energy resources and temporarily extended the time of duty-free importation of solar panels and parts from Malaysia, Cambodia, Thailand, and Vietnam.  This declaration comes in response to industry concerns over the implications, for ongoing solar energy projects, of the anti-circumvention

July 6, 2022, will mark the four-year anniversary of the institution of Section 301 tariffs against approximately $370 Billion in imports from China into the United States.  In light of this anniversary, the Office of the United States Trade Representative (“USTR”) is commencing the first phase of its Four-Year Review Process, which will allow representatives of domestic industries which benefit from the trade actions to submit comments on whether or not the Section 301 tariffs should continue.  In a notice to be published in the Federal Register on May 5, 2022 (unpublished version available here), USTR is requesting interested parties to address whether the imposition of the tariffs has been beneficial.  Comments from domestic interested parties must be submitted in a 60-day window prior to the four-year anniversary.  The first round of comments will be accepted between May 7, 2022, and July 5, 2022, for the List 1 tariffs which are set to expire on July 6, 2022.  Comments related to the List 2 tariffs will be accepted between June 24, 2022, and August 22, 2022, as those tariffs are set to expire on August 23, 2022.