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US Trade Representative Seeks Public Comments in Four-Year Review of Section 301 Tariffs on Products of China

On October 12, 2022, the Office of the US Trade Representative (USTR) issued a Federal Register notice seeking public comments to inform its ongoing four-year review of the Section 301 tariffs on China-origin goods. Beginning...more

Uyghur Forced Labor Prevention Act: Commercial Implications, Compliance Challenges and Responses

The rebuttable presumption of the Uyghur Forced Labor Prevention Act ("UFLPA") took effect on June 21, 2022. As a reminder, under this presumption for purposes of Section 307 of the Tariff Act of 1930, goods produced in the...more

Quest to bolster critical mineral supply will persist through economic downturn

Technologies underlying the energy transition—including wind turbines, solar panels, electricity networks and electric vehicles (EVs)—rely upon sufficient access to critical minerals such as copper, lithium, nickel, cobalt,...more

IPEF Ministers Outline Negotiating Objectives, Setting Stage for Formal Negotiations

On September 9, 2022, trade ministers from the United States and thirteen other countries adopted joint Ministerial Statements on their negotiating objectives for the four "pillars" of the Indo-Pacific Economic Framework...more

Mexico Nationalizes Lithium; Sets Up State-Owned Company

On August 23, 2022, President of Mexico Andres Manuel Lopez Obrador issued a Decree (published in the Diario Oficial de la Federación on August 24, 2022) setting up a new state-owned company called LitioMx (Litio para...more

US Court of Appeals for Federal Circuit Vacates US Court of International Trade Decision That Would Have Let Customs Reject...

A recent (August 11, 2022) US Court of Appeals for the Federal Circuit ("CAFC") opinion, Meyer Corp., US v. United States,1 has relieved many concerns that a previous decision by the US Court of International Trade ("CIT")...more

New US Climate Bill Seeks to Promote Domestic Content in Clean Energy Projects

On July 27, Senate Majority Leader Chuck Schumer (D-NY) unveiled a budget reconciliation bill entitled the Inflation Reduction Act of 2022 ("IRA"), which would implement core components of President Biden's agenda on...more

New US Climate Bill Seeks to Bolster Domestic Critical Minerals Supply Chain

On July 27, Senate Majority Leader Chuck Schumer (D-NY) unveiled a budget reconciliation bill entitled the Inflation Reduction Act of 2022 ("IRA"), which would implement core components of President Biden's agenda on...more

New US Climate Bill Seeks to Onshore Electric Vehicle Supply Chain

On July 27, Senate Majority Leader Chuck Schumer (D-NY) unveiled a budget reconciliation bill entitled the Inflation Reduction Act of 2022 ("IRA"), which would implement core components of President Biden's agenda on...more

United States and Canada Request Consultations Over Mexico's Energy Policies Under USMCA

On July 20, 2022, the United States requested consultations with Mexico under the Dispute Settlement chapter of the United States-Mexico-Canada Agreement (USMCA), arguing that several of Mexico’s energy policies are...more

US Authorities Begin Enforcement of Uyghur Forced Labor Prevention Act and Issue Guidance for Importers

On June 21, 2022, US Customs and Border Protection ("CBP") began to enforce the Uyghur Forced Labor Prevention Act ("UFLPA"), which prohibits the importation of goods produced wholly or in part in the Xinjiang Uyghur...more

From trash to treasure: Green metals from recycling

The global drive towards a low-carbon circular economy and increased focus on ESG are creating many new opportunities for metal recycling projects. But is scrap the answer to the growing demand for green metals?...more

USTR Begins Four-Year Review of Section 301 Tariffs on Products of China

On May 3, 2022, the Office of the US Trade Representative (USTR) published a Federal Register notice commencing its quadrennial review of the tariffs imposed on China-origin goods pursuant to Section 301 of the Trade Act of...more

European Union further targets global deforestation

On 17 November 2021, the European Commission ("Commission") announced a Proposal for a new Regulation to curb global deforestation and forest degradation driven by European Union ("EU") consumption of certain commodities....more

House “Build Back Better Act” Sets Stage for Trade Disputes Over Green Energy

On November 19, the House of Representatives approved a budget reconciliation bill entitled the Build Back Better Act (H.R. 5376), which contains President Biden’s core legislative priorities related to healthcare, the...more

Evolving trade and competition regulation in the push for green metals

The metals sector is an attractive target for decarbonization due to the energy-intensive nature of traditional production processes. Carbon: the next frontier of commodities trade tensions - Governments around the...more

United States Trade Alert: Mexico Requests Consultations With United States Concerning Automotive Rules of Origin Under...

On August 20, the Government of Mexico requested consultations with the United States under the US-Mexico-Canada Agreement (USMCA) "for the purpose of avoiding or settling a potential dispute" regarding the Agreement's rules...more

USMCA Uniform Regulations Clarify Scope and Application of Steel and Aluminum Purchase Requirements for Passenger Vehicles, Light...

On June 3, 2020, the Office of the US Trade Representative (USTR) published an interim version of the Uniform Regulations concerning the interpretation, application, and administration of key provisions of the...more

President Trump Issues Executive Order on Securing the United States Bulk-Power System

On May 1, 2020, President Trump issued an Executive Order prohibiting the acquisition, importation, transfer, or installation of certain “bulk-power system electric equipment” where the transaction involves property in which...more

US-Mexico-Canada Agreement Faces Difficult Path to Congressional Approval

In recent weeks, the Trump administration and members of the US business community have continued to engage with the US Congress to advocate congressional approval of the US-Mexico-Canada Agreement (USMCA), which they have...more

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