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International Trade

  • May 25, 2018

    Trump Strikes Deal With ZTE, Roiling Capitol Hill

    President Donald Trump announced late Friday that he has struck an agreement with Chinese telecom giant ZTE Corp. to restore its access to the U.S. market, openly defying lawmakers on both sides of the aisle who had urged the White House to take a hard line on the company following its illicit sales to Iran and North Korea.

  • May 25, 2018

    US-Canada Wine Row: Contentious Notes, Uncertain Finish 

    The Trump administration on Friday asked for a World Trade Organization panel to examine its complaint against Canadian wine rules that have allegedly kept U.S. wine off grocery store shelves in British Columbia, moving the dispute to a more contentious phase after talks to settle the fight fell through.

  • May 25, 2018

    Iran Nuclear Deal Withdrawal Will Prompt Private Disputes

    While it’s unlikely that the U.S. would lose an investor-state claim initiated as a result of its withdrawal from the 2015 Iran nuclear deal, the headaches for non-U.S. companies that began doing business in Iran after the deal was implemented could be just beginning, experts say.

  • May 25, 2018

    CIT Says Commerce Dept. Can Use Thai Data In Solar Probe

    The U.S. Court of International Trade on Friday sustained the U.S. Department of Commerce's use of Thai data to determine the value of scrapped solar modules in a dispute stemming from the anti-dumping investigation of certain crystalline silicon photovoltaic products from China.

  • May 25, 2018

    Auto Industry Is Lukewarm On Trump's New Trade Probe

    The nation's leading automakers gave a tepid response Thursday to President Donald Trump's decision to probe the national security risks of imported cars, underscoring the highly contentious nature of the administration's latest trade enforcement salvo.

  • May 25, 2018

    CIT Hands US Default Judgment Against Clothing Importer

    The U.S. Court of International Trade has awarded the federal government more than $80,000 in a default win against a New York-based importer for lying about the country of origin for its imports of women's apparel from China.

  • May 24, 2018

    Car Wars: Trump's Latest Flex Will Test Bounds Of Trade Law

    President Donald Trump’s newly launched probe of national security threats posed by car imports has sent shockwaves through the trade bar and teed up a clash over the scope of an already controversial Cold War-era law that has emerged as a linchpin for the administration's trade enforcement regime.

  • May 24, 2018

    Iranian Banker Scores Bail In $115M Sanctions-Dodging Fight

    A Manhattan federal judge on Thursday agreed to the pretrial release of the Iranian chairman of a Maltese bank as he faces charges of evading U.S. sanctions on Iran by funneling $115 million in Venezuelan construction funds through American banks, following a protracted fight over a $34 million bail package.

  • May 24, 2018

    Chinese Co.'s Suit Over GSK Probe Tied To US, 3rd Circ. Told

    A pair of consultants who alleged that they landed in a Chinese prison after GlaxoSmithKline LLC duped them into investigating an innocent whistleblower told the Third Circuit on Thursday that they meet the “domestic injury” requirement for filing a federal racketeering claim because their business is closely tied to the United States even though it is located in China.

  • May 24, 2018

    Chinese Auto Parts Co. Challenges Anti-Dumping Rate

    A U.S. subsidiary of Chinese auto parts giant Wanxiang Group Corp. has challenged a U.S. Department of Commerce ruling saying that heavy tariffs applied to its wheel hub assemblies, telling the U.S. Court of International Trade that it should have been assigned the same zero rate as its parent company.

  • May 24, 2018

    Beijing Blasts Canada For Blocking Sale Of Construction Co.

    China's foreign ministry pushed back Thursday against Canada's decision to block a Chinese buyer's CA$1.51 billion ($1.16 billion) takeover of construction company Aecon Group Inc., suggesting that the move was motivated by politics and not national security concerns and calling for a fair playing field for foreign investors.

  • May 24, 2018

    Fed. Circ. Partly Reverses CIT Ruling On Door Handle Duties

    The U.S. Department of Commerce must reconsider whether certain aluminum kitchen appliance door handles imported from China by Whirlpool Corp. are shipped as “finished merchandise” and therefore elude tariffs on aluminum extrusions, a split Federal Circuit panel determined on Wednesday.

  • May 23, 2018

    WTO Boss Sees Sector-Specific Trade Talks Picking Up Steam

    World Trade Organization director-general Roberto Azevedo said Monday that he has seen "real momentum" in the WTO's efforts to craft new rules on e-commerce and commercial fishing following its pivot from large-scale trade talks to sector-specific consultations.

  • May 23, 2018

    BigLaw Feels The Heat In FARA Enforcement Push

    Behind the scenes, law firms are scrambling to stay in the government’s good graces after the Foreign Agents Registration Act was used to indict President Donald Trump’s former campaign chairman.

  • May 23, 2018

    As Foreign Agent Disclosure Soars, Reform Efforts Bog Down

    With the Foreign Agents Registration Act in the spotlight, some members of Congress are facing big challenges in their quest to add teeth to the law.

  • May 23, 2018

    Foreign Lobbyists Step Into Light After Manafort Downfall

    “Ridiculous” is how Paul Manafort's attorney has described his client's charges under a loosely followed foreign lobbying law, but a Law360 analysis shows that throngs of Washington influencers are now emerging from the shadows to comply.

  • May 23, 2018

    Trump Eying New Security-Based Tariffs On Imported Cars

    At the direction of President Donald Trump, the U.S. Department of Commerce late Wednesday launched an investigation that may result in new duties on imported cars using the same national security statute that cleared the way for the administration’s steel and aluminum levies earlier this year.

  • May 23, 2018

    Akin Gump Partner To Testify At Manafort Trial

    Attorneys for Special Counsel Robert Mueller confirmed Wednesday in D.C. district court that they intend to call Akin Gump Strauss Hauer & Feld LLP partner Melissa L. Laurenza to testify at the trial of former Trump campaign chairman Paul Manafort.

  • 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.

Expert Analysis

  • Opinion

    OFAC Digital Currency Plan Will Hurt Business, Not Terrorists

    Clif Burns

    The U.S. Department of the Treasury's Office of Foreign Assets Control's plan to add digital currency addresses to the specially designated nationals list will do little to advance OFAC's goals. However, it will impose additional and pointless screening duties on digital currency transactions for both U.S. and non-U.S. companies and financial institutions, says Clif Burns of Bryan Cave Leighton Paisner LLP.

  • 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.