International Trade

  • May 23, 2018

    What Attys Need To Know About The Evolving CFIUS Bill

    Lawmakers are busy adjusting proposed legislation that aims to modernize the Committee on Foreign Investment in the United States, editing language that covers issues like intellectual property transfers, judicial reviews and proximity in real estate transactions. Here, Law360 reviews what lawyers need to know about how the potential changes could alter the CFIUS process.

  • May 23, 2018

    Atty's FCA Suit Over Alleged Chinese Steel Pipe Scam Tossed

    An Illinois federal judge threw out a False Claims Act lawsuit against a company that imports steel pipe from China after finding Wednesday that the relator’s claims were already part of a U.S. Customs and Border Protection administrative penalty proceeding.

  • May 23, 2018

    CIT Backs Commerce On Nail Duty Determination

    The U.S. Court of International Trade on Tuesday upheld the government’s method for determining the home market value of certain imported nails from the United Arab Emirates back in 2016, rejecting a domestic producer’s bid to use a different set of pricing data that may have resulted in a higher duty.

  • May 23, 2018

    US Metal Tariffs Still Under Fire As India Files WTO Case

    The Trump administration’s tariffs on steel and aluminum found another foe on Wednesday as the Indian government filed a formal World Trade Organization case alleging the U.S. used national security concerns as a veil to shield its producers from international competition.

  • May 23, 2018

    Gilbane GC Monitoring Contracts Amid Steel Tariff Questions

    New tariffs on steel from certain countries are creating uncertainty in the construction industry regarding which of various parties involved in contracts would bear the responsibility for increased costs should prices rise, and that's causing companies to closely examine their contracts, Gilbane Building Co. General Counsel Brad Gordon told Law360 in a recent wide-ranging interview.

  • May 22, 2018

    Fed. Circ. Defers To Commerce In Aluminum Handle Duty Row

    The Federal Circuit on Tuesday overturned a Court of International Trade judge and found that the U.S. Department of Commerce had rightfully included a certain type of aluminum oven door handle imported from China within the scope of tariffs on similar products, capping off a winding, five-plus-year dispute.

  • May 22, 2018

    Airbus Claims It’s Now Complying With WTO Subsidy Ruling

    Following a ruling from the World Trade Organization last week that the European Union continued providing illegal subsidies to aircraft giant Airbus in defiance of an earlier WTO ruling, the jet maker announced Tuesday that it is now in compliance.

  • May 22, 2018

    US Dings Chinese Steel Shipped Through Vietnam

    The U.S. Department of Commerce on Monday finalized steep tariffs on imports of certain steel products from Vietnam that are partially made from Chinese components after concluding that Chinese producers were dodging U.S. import taxes by sending products to Vietnam first for processing.

  • May 22, 2018

    More US Partners Ready To Hit Back Against Metal Tariffs

    Russia, Japan and Turkey are the latest governments to threaten the U.S. with retaliation over its steel and aluminum tariffs, according to World Trade Organization documents circulated Tuesday, marking the latest turn in a saga that could leave U.S. exporters facing upward of $3 billion in foreign levies.

  • May 22, 2018

    Europe Eyeing Asia-Pacific Inroads Amid US Standstill

    European Union leaders gave the bloc the green light to pursue new trade deals with Australia and New Zealand on Tuesday and stressed the importance of linking up with the two powerful members of the Trans-Pacific Partnership, the Obama-era trade deal that the Trump administration has left in the dust.

  • May 22, 2018

    Swiss Re Weighs Options In Iran Amid US Sanctions Fears

    Reinsurance giant Swiss Re said Tuesday that it is examining its options for future business in Iran following the threat of U.S. sanctions, as European insurers become increasingly wary of carrying on trade with Tehran.

  • May 21, 2018

    Justices To Review Scope Of Immunity For Int'l Orgs

    The U.S. Supreme Court has agreed to review a D.C. Circuit decision holding that international organizations enjoy even more immunity from lawsuits than do foreign governments, taking up a case Monday from a group of Indian nationals suing the International Finance Corp. over a power plant project they say has wreaked havoc on the surrounding environment.

  • May 21, 2018

    Commerce, State Move To Ease Limits On Small Arms Exports

    The U.S. departments of Commerce and State released a pair of complementary proposed rules on Monday, intended to broadly ease export restrictions for U.S.-made small arms not considered to be “inherently military” or otherwise able to give the U.S. a military advantage.

  • May 21, 2018

    Making Sense Of Trump's Abrupt China Trade Ceasefire

    President Donald Trump has called an abrupt truce in his ever-escalating trade spat with China as the two powerhouses try and hammer out a broader agreement, marking the latest dramatic turn in a saga that has come to define the early stages of the administration’s economic policy.

  • May 21, 2018

    CIT Sends Chinese Solar-Cell Case Back To Commerce

    The U.S. Court of International Trade on Friday asked the U.S. Department of Commerce to either reconsider or better explain some of the value choices it used in reviewing the anti-dumping duties it is seeking to impose on several Chinese companies that allegedly dumped solar cells on the U.S. market.

  • May 21, 2018

    4 Tips For Avoiding Product Defects In Post-Storm Rebuilding

    As areas devastated by the hurricanes of 2017 begin the rebuilding process, here are tips to avoid getting caught up in a situation like the tainted Chinese drywall fiasco that followed Hurricanes Rita and Katrina in 2005.

  • May 21, 2018

    ITC To Probe NEC Infringement Claims Over Telecom Tech

    The U.S. International Trade Commission has opened an investigation into the importation of underwater telecommunications equipment by Texas-based Xtera Inc. and Florida-based MC Assembly LLC after Japanese consumer electronics firm NEC Corp. alleged the companies infringed its patent.

  • May 18, 2018

    House Again Mulls Bill Clearing DOJ To Sue OPEC

    Economic and antitrust experts at a House subcommittee hearing Friday largely endorsed the latest version of legislation authorizing the Department of Justice to sue OPEC for conspiring to inflate oil prices, leading to soaring gas prices for American consumers.

  • May 18, 2018

    Commerce Slaps Duties On Chinese Cos. For Dumping Sinks

    Several Chinese-based companies must pay anti-dumping duties after importing certain stainless steel sinks into the United States for less than market value from 2016 to 2017, according to a final determination notice the U.S. Department of Commerce is scheduled to publish Monday.

  • May 18, 2018

    Trump's ZTE 'Bailout' Continues To Draw Bipartisan Fire

    President Donald Trump's decision to give Chinese telecom giant ZTE Corp. a reprieve following illicit sales to Iran and North Korea continued to receive bipartisan blowback as a congressional panel voted to keep ZTE cut off from the U.S. supply chain.

Expert Analysis

  • Trade Rep Hints At More CFIUS Scrutiny Of Biotech Deals

    Stephen Mahinka

    The Section 301 report issued in March by the United States Trade Representative highlighted foreign acquisitions and investments in the U.S. biotechnology industry. Counsel on both sides of a transaction in this sector should consider carefully whether involvement by foreign entities, especially from China, should be filed for review by CFIUS before closing, say Stephen Mahinka and Carl Valenstein of Morgan Lewis & Bockius LLP.

  • Adding Pakistan To 'Gray List' Has Important Consequences

    Michael Casey

    Next month, Pakistan will be added back to the Financial Action Task Force’s “gray list” due to the country’s failure to adequately address terrorist financing activities within its borders. This action could result in western financial institutions and companies re-evaluating their business dealings in Pakistan and with Pakistani banks and counterparties, say attorneys with Kirkland & Ellis LLP.

  • Kinross Settlement Highlights FCPA Risks For Mining Cos.

    Collmann Griffin

    In March, a Canadian gold and silver mining company agreed to pay nearly $1 million to the U.S. Securities and Exchange Commission over alleged violations of the U.S. Foreign Corrupt Practices Act. The case shows the risks faced by companies that fail to implement appropriate controls post-acquisition, particularly in the mining industry, says Collmann Griffin of Miller and Chevalier Chtd.

  • Opinion

    ITC Should Reconsider Realtek R&D Standard

    Rett Snotherly

    The U.S. International Trade Commission’s 2014 Realtek decision negatively impacts legitimate, domestic research and development by inserting hurdles that were neither required by the relevant statutory provisions nor consistent with the realities of how companies conduct and document their R&D efforts, says Rett Snotherly of Levi & Snotherly PLLC.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • US Law As Trade War Weapon

    Hdeel Abdelhady

    The United States effectively forced Chinese smartphone manufacturer ZTE to cease major operations this month, after the U.S. Department of Commerce blocked its access to vital U.S.-made components. The case puts into focus the Trump administration’s use of sanctions, anti-corruption and anti-money laundering laws as trade war weapons against economic rivals, says Hdeel Abdelhady of MassPoint Legal and Strategy Advisory PLLC.

  • Energy Firms Face NAFTA Investor-State Dispute Revamp

    Rachael Kent

    The North American Free Trade Agreement's Investor-State Dispute Settlement provision has helped the U.S. domestic energy industry protect its cross-border investments. But the Trump administration has indicated a desire to eliminate the ISDS provision. Energy firms must stay aware of the dynamics of NAFTA renegotiation — and consider how a post-ISDS world would affect their business, say attorneys with WilmerHale.

  • 6 Ways To Manage International Regulatory Risk Under Trump

    Gregory Husisian

    Recent enforcement activity — including record-setting Foreign Corrupt Practices Act and economic sanctions penalties — confirms that the Trump administration is committed to the aggressive application of U.S. law abroad. Multinational companies need to prioritize managing the risks posed by laws governing U.S. exports and international conduct, say Gregory Husisian and Olivia Singelmann of Foley & Lardner LLP.

  • ITC’s Amended Section 337 Rules Streamline Investigations

    Jordan Coyle

    Late last month, the U.S. International Trade Commission issued long-awaited final amendments to its Rules of Practice and Procedure pertaining to investigations under Section 337 of the Tariff Act. Jordan Coyle and Diana Szego Fassbender of Orrick Herrington & Sutcliffe LLP analyze the most significant amendments and the circumstances surrounding them, and offer key practice tips.

  • A Proposed Approach For High Court In Vitamin C Case

    Michael Kimberly

    It is safe to expect a narrow ruling from the U.S. Supreme Court in Animal Science v. Hebei, instructing lower courts not to give conclusive deference to foreign sovereigns’ legal submissions. But it would be more sensible to instruct U.S. courts to assess whether these submissions are entitled to any deference in their country of origin and, if so, to give them that deference, say Michael Kimberly and Matthew Waring of Mayer Brown LLP.