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  • 39 Chinese Companies Added To DHS Entity List

    Johnathan Foege · Forced labor and UFLPA, Export controls and sanctions

    On January 15, 2025, the United States Department of Homeland Security (“DHS”) added 39 companies to the Entity List (the “List”) under the Uyghur Forced Labor Prevention Act (“UFLPA”). Entities on the list are those entities working…

  • China Bans Rare Earth Metal Exports To United States: What Now?

    Johnathan Foege · Section 301 and China, Export controls and sanctions

    New export bans as, on Tuesday, December 3 Chinese officials announced an escalation to trade restrictions between China and the United States. Specifically, China has placed a ban on all sales of gallium, germanium, antimony, tungsten…

  • Commerce Slaps SE Asian Solar Cells With Heavy ADCVDs

    Shanshan Liang · Antidumping and countervailing duties

    On November 29 the United States Department of Commerce (“Commerce”) announced preliminary duties on solar cells manufactured in Malaysia, Thailand, Cambodia, and Vietnam. This comes as determined that manufacturers in these countries…

  • Trump Threatens 100% Tariff on BRICS Over Plan to Replace U.S. Dollar as Global Reserve Currency

    Shanshan Liang · Trade policy, Seizures, penalties and forfeiture

    This weekend President-Elect Donald Trump threatened a 100% tariff on BRICS countries. This is in response to an initiative by the nine member international organization to replace the U.S. Dollar (USD) as the global reserve currency,…

  • Jamieson Greer To Be Next USTR

    Shanshan Liang · Trade policy, Trade agreements and origin

    This morning President-Elect Trump announced his long awaited pick for United States Trade Representative (“USTR”): Jamieson Greer. Mr. Greer is a familiar face, having served as the Chief of Staff to USTR Robert Lighthizer during the…

  • Section 301 Litigation Update – Oral argument scheduled for Jan. 8, 2025

    Shanshan Liang · Section 301 and China

    Finally some news out of the U.S. Court of Appeals for the Federal Circuit regarding the Section 301 appeal! The oral argument in the case, HMTX Industries LLC v. US, has been scheduled for January 8, 2025, in Washington, D.C. Although…

  • Trump Tariffs On Day One: Can He Do That?

    Shanshan Liang · Trade policy, Trade agreements and origin

    On November 25, 2024 President Elect Donald Trump promised an executive order on his first day in office which would impose a 25% tariff on all goods imported from Mexico and Canada. He also heralded an additional 10% tariff above all…

  • Trump’s Tariff, Round 2? (Part 4)

    Shanshan Liang · Trade policy, Section 301 and China

    Based on the examples discussed in previous blogs, we can now start to flesh out what tariff changes may look like under the incoming Trump Administration. TIMELINE GOING FORWARD First things first, the President-Elect will take office…

  • Trump’s Tariff, Round 2? (Part 3)

    Shanshan Liang · Trade policy, Section 301 and China

    Now let us rewind to see Trump’s tariffs in his first term and during the Biden Administration. RECENT TARIFF HISTORY While talk of tariffs is receiving a lot of media attention, it is important to temper your expectations. The best way…

  • Trump’s Tariff, Round 2? (Part 2)

    Shanshan Liang · Trade policy, Section 232

    Now let us continue discussing Trump’s tariffs in his second term. PRESIDENT-ELECT TRUMP’S PROMISES The President-Elect has not, as of yet, published a comprehensive timeline for trade related changes. Nonetheless, we can speculate as…

  • Trump Tariff, Round 2?

    Shanshan Liang · Trade policy, Section 301 and China

    Election season is over, meaning that big changes to United States trade policy could be right around the corner. While changing laws can be a source of anxiety for the trade community, our goal going forward is to explain these changes…

  • Latest UFLPA Entity List Updates: Compliance and Challenges

    Neil B. Mooney · Forced labor and UFLPA, Export controls and sanctions

    On May 16, 2024, the Biden administration added 26 Chinese companies to the Uyghur Forced Labor Prevention Act (“UFLPA”) Entity List, primarily targeting the textile industry. This action reflects ongoing efforts to enforce supply chain…

  • USTR Announces New Section 301 Tariffs on Chinese Products

    Neil B. Mooney · Trade policy, Section 301 and China

    In a move that underscores ongoing tensions between the United States and China, the Office of the U.S. Trade Representative (“USTR”) announced on May 14, 2024 its intention to add or increase tariffs on select Chinese-origin products.…

  • USITC investigating economic impact of Section 232 and 301 tariffs

    Neil B. Mooney · Section 232, Section 301 and China

    In addition to the U.S. Trade Representative’s (USTR) mandatory administrative review of the effectiveness and impact of the Section 301 tariffs, the U.S. International Trade Commission (USITC) announced last month that it is initiating…

  • CIT Grants Preliminary Injunction in Section 301 Litigation

    Neil B. Mooney · Section 301 and China, Customs compliance

    Great news out of the CIT! Earlier this week, on July 6, the Court of International Trade granted the Section 301 Plaintiffs’ motion for a preliminary injunction. The granting of the preliminary injunction suspending liquidation of…

  • Section 301 CIT Litigation Update

    Neil B. Mooney · Section 301 and China

    Since September 2020, approximately 3,600 similar lawsuits challenging the Section 301 duties on imports from China have been filed in the U.S. Court of International Trade (“CIT”). Accordingly, in October 2020, the U.S. Department of…

  • What are Customs Brokers, Freight Forwarders, and NVOCCs?

    Neil B. Mooney · FMC and maritime, Customs compliance

    What is a Customs broker? Customs brokers are private individuals, partnerships, associations, or corporations licensed, regulated, and empowered by U.S. Customs and Border Protection (CBP) to assist importers and exporters in meeting…

  • “Liability Kits” for Customs Brokers, Freight Forwarders and NVOCCs

    Neil B. Mooney · FMC and maritime, Business and litigation

    It is essential for companies to have accessible Terms and Conditions (T&C) for the customer to ensure enforceability against any liability. In the shipping industry, you are responsible for making customers aware of Terms and…

  • FMC Increases Penalties for Shipping Act Violations

    Neil B. Mooney · FMC and maritime, Seizures, penalties and forfeiture

    The Federal Maritime Commission has increased the maximum penalties assessed for statutory violations effective January 15, 2021, as required by the Federal Civil Penalties Inflation Adjustment Act of 2015. The increases are tied to the…

  • Opportunities to File 301 Refund Claims Still Open

    Neil B. Mooney · Section 301 and China

    In our September 15, 2020 Blog we encouraged the expeditious filing of List 3 Section 301 refund claims in order to accommodate the tightest possible statute of limitations (“SOL”) interpretation, i.e. two years after announcement of…

  • New Section 301 Investigation: Vietnam, October 2020

    Neil B. Mooney · Section 301 and China, Section 232

    On Friday October 2nd, 2020 the U.S. Trade Representative (USTR) announced that it is initiating an investigation under Section 301 of the 1974 Trade Act addressing two issues with respect to Vietnam-U.S. trade. The USTR will…

  • Court Challenge to Section 301 China Duties – Refunds May be Available

    Neil B. Mooney · Section 301 and China

    A coalition of importers has filed a Court challenge to the U.S. Trade Representative’s imposition of Section 301 tariffs on List 3 and List 4A imports from China. For more than two years, the U.S. has assessed additional tariffs on…

  • OFAC to consider COVID-19 issues when addressing “apparent violations” of its regulations

    Neil B. Mooney · Export controls and sanctions

    The Office of Foreign Assets Control, often one of the most difficult and implacable federal agencies to deal with, has announced its intent to consider COVID-19 issues when addressing “apparent violations” of its regulations. In a…

  • Section 301 Update: Additional Exclusions on List 3 Products; Suspension on List 4B Products; and Reduction on List 4A Products

    Neil B. Mooney · Section 301 and China, Customs compliance

    On December 12, 2019, the United States Trade Representative (“USTR”) released a list of an additional forty-four (44) HTS provisions and product descriptions that will be excluded from Section 301 tariffs. These exclusions relate to…