International Trade

  • June 15, 2020

    Fed. Circ. Upholds Dumping Duties On Chinese Solar Cells

    The Federal Circuit on Monday backed the U.S. Department of Commerce's duties on Chinese solar cell imports, finding the agency correctly lowered dumping margins by taking into account the imports' subsidies rates.

  • June 15, 2020

    Carnival Says Heir Can't Bring Claim Over Cuban Port

    Carnival told a Florida federal judge on Monday that a man who inherited a claim to a Cuban port confiscated by the Castro regime does not have the right to sue the cruise line under the Helms-Burton Act because he did not hold the rights to the claim in 1996 when the statute was enacted.

  • June 12, 2020

    Pelosi Taps Two Experts For Mexican Labor Watchdog Panel

    House Speaker Nancy Pelosi, D-Calif., has named the first two of twelve people to be on an expert panel that will monitor Mexico's compliance with labor reforms as mandated by the U.S.-Mexico-Canada trade agreement that takes effect July 1.

  • June 12, 2020

    Developing World Eyeing Digital Tax For Revenue Gap

    As the coronavirus pandemic decimates government revenue across the globe, new taxes on digital commerce — once mostly a focus in Europe and other countries with large markets — are emerging in the developing world.

  • June 12, 2020

    USTR Gives Acting Agriculture Assistant Permanent Status

    Dr. Julie Callahan can now drop the "acting" from her title following her official appointment as Assistant United States Trade Representative for Agricultural Affairs, the Office of the U.S. Trade Representative announced Friday.

  • June 12, 2020

    Trade Commission Probes Effects Of WTO, Trade Deals

    The federal government has launched an independent investigation into the economic effects of the newly formed U.S.-Mexico-Canada Agreement as well as the World Trade Organization, according to an announcement from the U.S. International Trade Commission.

  • June 12, 2020

    New Trade Bar Chief Aims For Unity In Trump Era

    New Customs and International Trade Bar Association President Matthew R. Nicely is keenly aware that the Trump administration's aggressive trade policies have produced a transformative shift for attorneys representing importers and exporters alike.

  • June 12, 2020

    UK Confirms It Will Not Seek Extension To Brexit Transition

    The U.K. formally confirmed on Friday that it will not seek an extension to the Brexit transition period with the European Union beyond December, giving the two sides just six months to reach agreement on their future trading relationship.

  • June 11, 2020

    House Rep. Puts China On Notice With Accountability Act

    A Republican House member with the support of 22 lawmakers unveiled a bill Thursday to combat China's theft of U.S. intellectual property by prohibiting Chinese nationals from visiting the U.S. on trips involving technology, engineering and science.

  • June 11, 2020

    Chinese Telescope Execs Fight Contempt Bid After $50M Loss

    A Chinese telescope company's top brass urged a California federal judge Thursday to reject a rival's contempt bid for flouting an order to return $4.2 million the company smuggled out of the U.S. following a $50 million antitrust judgment, arguing the court doesn't have jurisdictional authority over the foreigners.

  • June 11, 2020

    Paper Co. Challenges US, Mexico Interpretations Of NAFTA

    An American paper mill pushed back on recent interpretations of provisions within the North American Free Trade Agreement, saying the U.S. and Mexico afforded too much discretion to Canada in submissions to an international tribunal in The Hague.

  • June 11, 2020

    Trump Moves To Sanction Int'l Criminal Court Officials

    President Donald Trump authorized the federal government on Thursday to sanction International Criminal Court officials who investigate the U.S. military's operations in Afghanistan, declaring that the probes threaten America's independence and national security.

  • June 11, 2020

    Groups Say US Must Push Mexico To Protect Porpoise

    The federal government is dragging its feet responding to a bid from environmental groups for expanded sanctions against Mexico for failing to curtail illegal fishing that is pushing an endangered porpoise into extinction, the groups said in a new suit Thursday.

  • June 10, 2020

    Commerce Probing Whether China Is Evading Plywood Duties

    The U.S. Department of Commerce on Wednesday said it was opening investigations into whether certain plywood imports from Vietnam are evading existing duties on their Chinese counterpart products.

  • June 10, 2020

    China Turns Attention To US Power Grid Policy At WTO

    China called out the U.S. at a virtual World Trade Organization meeting Wednesday, raising concerns that President Donald Trump's safeguarding of the nation's power grid could abuse global trade agreement exceptions intended to protect national security interests.

  • June 10, 2020

    FCC Pushed To Cut Off Telecoms Despite China Pressure

    The federal government's spectrum management branch lent support this week to the Federal Communications Commission's efforts to deny subsidies to Chinese equipment vendors that pose potential security risks, as Chinese carriers separately entreated the agency to continue their U.S. operations.

  • June 10, 2020

    SDNY Judge Probes Prosecutor Conduct In Sanctions Case

    A New York federal judge demanded answers Tuesday from prosecutors who just dropped their criminal case against an Iranian businessman accused of violating U.S. sanctions, saying a number of developments have "raised serious concerns about the conduct of the government."

  • June 10, 2020

    Ex-Venezuela Oil Minister Ducks $1.4B Bribery Judgment

    A Texas federal judge said Tuesday that it was in the interest of justice to vacate a $1.4 billion default judgment against Venezuela's former energy minister and let corruption allegations against him go to trial.

  • June 09, 2020

    WTO Appeals Panel Backs Australia Tobacco Packaging Rules

    The World Trade Organization Appellate Body upheld the Australian government's rules that standardize packaging for tobacco products, determining that the requirements don't violate international trade agreements or hinder global commerce, according to reports circulated Tuesday.

  • June 09, 2020

    Commerce Tags Chinese Wood Molding Imports With Duties

    The U.S. Department of Commerce tagged Chinese wood molding producers with early duties as high as 245%, finding that the companies were unfairly benefiting from government subsidies, according to an announcement Tuesday.

  • June 09, 2020

    ITC Shatters Hopes For Duties On Chinese Glassware

    Imports of Chinese glass containers will avoid a tariff hit of more than 320% after the U.S. International Trade Commission said Tuesday that the products were not posing a threat to domestic manufacturers.

  • June 09, 2020

    King & Spalding Atty Among Latest Noms To Lead WTO

    Two more nominees were tapped as potential replacements for outgoing World Trade Organization Director-General Roberto Azevêdo on Tuesday, including a King & Spalding LLP attorney who formerly worked in the global trade body's services and investment wing.

  • June 09, 2020

    Wash. Says Coal Permit Fight Would Waste High Court's Time

    Washington state said Monday that the U.S. Supreme Court has no basis to weigh in on its denial of a water quality certificate for a proposed coal export facility, despite Montana and Wyoming's claims the move is unconstitutional.

  • June 09, 2020

    EU Trade Chief Signals New Tariffs In Aircraft Dispute

    European Union Trade Commissioner Phil Hogan said on Tuesday that his government will likely set new tariffs on U.S. goods in retaliation for subsidies granted to Boeing, noting that the U.S. has "stepped back" from talks to settle the dispute.

  • June 08, 2020

    Feds Drop Post-Conviction Case Against Iranian Businessman

    New York federal prosecutors on Friday abruptly gave up on their case against Iranian entrepreneur Ali Sadr Hashemi Nejad for violating U.S. sanctions, despite a jury conviction in March, citing disputes over evidence disclosure.

Expert Analysis

  • New Trade Appeals Venue Won't Permanently Fix WTO Issues

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    The Multiparty Interim Appeal Arbitration Arrangement allows participating countries to appeal trade disputes during the effective freeze of the World Trade Organization Appellate Body caused by the U.S. blockade of judicial appointments to the body, but the limited membership of the arrangement means countries still require a long-term resolution to the WTO's judicial crisis, says Bashar Malkawi at the Dubai Rulers Court.

  • Aquaculture, Fishing Cos. Stand To Net Big Gains From Aid

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    A recent Trump administration executive order and a plan to distribute CARES Act funding to aquaculture and fishing businesses represent ambitious new federal support for these industries, and stakeholders should engage proactively as spending plans and application processes are developed, say attorneys at K&L Gates.

  • Pandemic Elevates Cos.' Compliance Risks In Latin America

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    While Latin American governments respond to pandemic-related financial needs, multinational companies face elevated compliance risks from increased interaction with government officials, and new enforcement policies related to the misappropriation of funds, expedited government contracting, increased transparency and monitoring, and international cooperation, say attorneys at K&L Gates.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • What OFAC Means By A Risk-Based Approach To Compliance

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    Even though the Office of Foreign Assets Control has acknowledged COVID-19 challenges, the agency still expects companies to take a risk-based approach to sanctions compliance by routinely updating programs that reflect their individual business models, customer bases and geographic operations, say Mario Mancuso and Abigail Cotterill at Kirkland & Ellis.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • The Current Barriers To International Health Cooperation

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    Although governments continue to construct direct barriers to international health collaboration by restricting foreign direct investment, the COVID-19 pandemic has highlighted the necessity of borderless health care goods and services, say attorneys at Mayer Brown.

  • CFIUS Proposal May Disproportionately Hit Certain Countries

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    A recent Committee on Foreign Investment in the United States proposal would change the trigger for mandatory CFIUS filing from industry group designation to nationality-based export controls, facilitating investment from favored countries while discouraging investment from others, say attorneys at Arnold & Porter.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • A New Approach To OFAC's Rejected-Transactions Reporting

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    Alexandre Lamy at Baker McKenzie proposes a common-sense framework for nonfinance companies, which in 2019 became subject to the Office of Foreign Assets Control's rejected-transaction reporting requirements, but have received little guidance about how to comply.

  • A Primer On Foreign Judgment Enforcement In Canada

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    Given the expected rise in disputes between U.S. and Canadian companies due to the pandemic, David Ziegler at Fasken Martineau breaks down the factors Canadian courts consider when determining whether to recognize and enforce a judgment from a U.S. or other foreign court.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • The Role Of Remote Mediation After The Crisis Is Over

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    When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.

  • What ITC Means By 'Nexus' In Domestic Industry Test

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    Two U.S. International Trade Commission domestic industry decisions provide guidance for patent owners on how to show the "nexus" between investments in engineering, research, development or licensing and the asserted patent, as seen in the recent cholesterol testing strips case, says Andrew Riley at Mei & Mark.

  • Opinion

    COVID-19 Export Restrictions Threaten Global Food Supply

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    Many countries have imposed export restrictions on food and agriculture in response to the pandemic, but such restrictions are not necessary and could lead to higher prices, waste and food shortages, say Kristina Arianina and Patrick Morris at Squire Patton.

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