On February 29, 2024, the US Department of Commerce Bureau of Industry and Security ("BIS") announced an advanced notice of proposed rulemaking ("ANPRM") that asks for public input on potential regulations to address the...more
The Petition -
On February 14, 2024, Cornerstone Chemical Company ("Petitioner") filed an antidumping duty ("ADD") petition on imports of melamine from Germany, India, Japan, the Netherlands, Qatar, and Trinidad and Tobago...more
2/16/2024
/ Anti-Dumping Duty ,
Countervailing Duties ,
Deadlines ,
Exports ,
Germany ,
Imports ,
India ,
International Trade Commission (ITC) ,
Japan ,
Material Suppliers ,
Netherlands ,
Qatar ,
U.S. Commerce Department
The Petition -
On December 29, 2023, the U.S. Glass Producers Coalition ("Petitioners") filed an antidumping duty ("ADD") petition on imports of certain glass wine bottles from the People's Republic of China ("China"), the...more
1/4/2024
/ Anti-Dumping Duty ,
Chile ,
China ,
Countervailing Duties ,
Importers ,
Imports ,
International Trade Commission (ITC) ,
Investigations ,
Mexico ,
Tariffs ,
U.S. Commerce Department
On December 26, 2023, the Office of the United States Trade Representative ("USTR") announced it would extend the current exclusions from the China Section 301 investigation tariffs to May 31, 2024. The exclusions were...more
On December 1, 2023, members of the US House of Representatives and Senate introduced a bill that would prohibit the import of products made from commodities produced on illegally deforested land. The bill, the "Fostering...more
Canada’s new anti-forced labour legislation, the Forced and Child Labour in Supply Chains Act, will come into effect in January 2024, with due diligence reporting requirements starting on May 31, 2024....more
11/29/2023
/ Canada ,
Child Labor ,
Corporate Counsel ,
Forced Labor ,
Imports ,
Legislative Agendas ,
Modern Slavery Act ,
New Legislation ,
Popular ,
Reporting Requirements ,
Supply Chain ,
United States-Mexico-Canada Agreement (USMCA) ,
Uyghur Forced Labor Prevention Act (UFLPA)
On November 13, 2023, the US Court of Appeals for the Federal Circuit (CAFC) issued its opinion in Solar Energy Indus. Ass'n v. United States. The decision has retroactive implications for the exclusion currently extended to...more
The EU's Carbon Border Adjustment Mechanism (the "CBAM") reporting obligations started applying from 1 October 2023. The final CBAM Implementing Regulation introduces further insight and key clarifications.
The CBAM...more
The Petition -
On October 4, 2023, the US Aluminum Extruders Coalition and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union ("Petitioners")...more
On 4 October 2023, the European Commission initiated an anti-subsidy investigation that could lead to increased tariffs on imports of Chinese electric vehicles to the European Union and has broader implications for the global...more
Geography—as much as geology—is driving commercial activity and opportunities for mining & metals firms as decarbonization accelerates -
The old adage—credited to J. Paul Getty—goes, "The meek shall inherit the Earth, but...more
9/20/2023
/ Cross-Border ,
Energy Sector ,
EU ,
Fossil Fuel ,
Hydrogen Power ,
Inflation Reduction Act (IRA) ,
International Energy Agency (IEA) ,
Investment ,
Manufacturers ,
Metals ,
Minerals ,
Mining ,
Oil & Gas ,
UK
On August 18, 2023, the US Department of Commerce ("Commerce") issued its final affirmative determinations that solar cells and modules completed in Cambodia, Malaysia, Thailand, or Vietnam (collectively, "Southeast Asia")...more
8/23/2023
/ Anti-Dumping Duty ,
Biden Administration ,
Cambodia ,
China ,
Countervailing Duties ,
Imports ,
Malaysia ,
Plastic Solar Cells ,
Popular ,
Solar Panels ,
Thailand ,
U.S. Commerce Department ,
Vietnam
Two sets of exclusions from the Section 301 tariff actions against China are currently set to expire on September 30, 2023, leaving companies uncertain about future import costs. USTR has not yet indicated whether it intends...more
In the world of shifting geopolitical tensions and supply chain vulnerabilities exacerbated by the COVID-19 pandemic, the push for mineral & metal security is changing the way governments, regulators, sector participants and...more
The application of the EU's Carbon Border Adjustment Mechanism ("CBAM") is fast approaching for importers and manufacturers of products in the cement, fertiliser, iron, steel, aluminium, hydrogen and electricity producing...more
On May 3, 2023, the Senate approved a bill that would undo President Biden’s two-year delay on the imposition of antidumping and countervailing duties on imports of solar panels from Cambodia, Malaysia, Thailand, and Vietnam....more
5/8/2023
/ Anti-Dumping Duty ,
Biden Administration ,
Cambodia ,
Countervailing Duties ,
Green Energy ,
Imports ,
Malaysia ,
Manufacturers ,
New Legislation ,
Presidential Veto ,
Reversal ,
Solar Energy ,
Solar Panels ,
Tariffs ,
Thailand ,
Vietnam
On April 17, 2023, the US Department of the Treasury ("Treasury") and the Internal Revenue Service ("IRS") published the Notice of Proposed Rulemaking for the Section 30D New Clean Vehicle Credit (the "Proposed Rules") to the...more
On December 13, 2022, the Council of the European Union ("the Council") and European Parliament came to a provisional agreement on the final text of a Carbon Border Adjustment Mechanism ("CBAM") regulation. The compromise...more
On February 24, 2023, the US government announced a new round of trade actions targeting goods and entities from Russia. The new actions, which coincide with the one-year anniversary of Russia's invasion of Ukraine,...more
3/1/2023
/ Aluminum Sales ,
Biden Administration ,
Economic Sanctions ,
Executive Orders ,
Export Controls ,
Exports ,
G7 ,
Imports ,
Metals ,
Mining ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Tariffs ,
Trade Expansion Act of 1962
The United States, the European Union, and Germany have recently adopted or proposed new rules requiring enhanced due diligence in supply chains, targeting human rights and environmental issues. This alert examines key...more
2/24/2023
/ Civil Monetary Penalty ,
Compliance ,
Customs and Border Protection ,
Due Diligence ,
Enforcement ,
Environmental Social & Governance (ESG) ,
EU ,
Forced Labor ,
Germany ,
Human Rights ,
Imports ,
Penalties ,
Popular ,
Proposed Rules ,
Supply Chain ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Withhold Release Orders (WROs)
A recent (February 9, 2023) US Court of International Trade ("CIT") remand opinion, Meyer Corp., US v. United States, has revived various global supply-chain apprehensions that a previous (August 11, 2022) reversal by the US...more
The United States has added yet another customs tool in its ongoing work against forced labor in supply chains. Following on the heels of the Uyghur Forced Labor Prevention Act ("UFLPA") and an uptick in Withhold Release...more
The European Parliament and Council of the European Union have reached an agreement on the text of the EU Carbon Border Adjustment Mechanism regulation and the directive providing an updated EU Emissions Trading System....more
12/28/2022
/ Carbon Emissions ,
Carbon Taxes ,
Climate Change ,
Emissions Trading System ,
Environmental Policies ,
EU ,
European Commission ,
Greenhouse Gas Emissions ,
Imports ,
Popular ,
Supply Chain
On December 8, 2022, the US Department of Commerce ("Commerce") published its preliminary determinations that solar cells and modules completed in Cambodia, Malaysia, Thailand, or Vietnam (collectively, "Southeast Asia")...more
12/16/2022
/ Anti-Dumping Duty ,
Cambodia ,
Certifications ,
China ,
Countervailing Duties ,
Imports ,
Malaysia ,
Plastic Solar Cells ,
Solar Panels ,
Thailand ,
U.S. Commerce Department ,
Vietnam
In the over five months since the Uyghur Forced Labor Prevention Act ("UFLPA") entered into force, companies have grappled with how to assess and mitigate compliance risks. Lack of transparency by US Customs and Border...more