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“America First Trade Policy” memorandum directs a comprehensive review of U.S. trade policy, suggests potential new tariffs and...

President Trump’s Day 1 presidential memorandum directs a top-to-bottom review of U.S. trade and economic policy and requests that his Administration provide policy recommendations with respect to: the U.S. trade deficit and...more

Foreign investors harmed by trade measures may find relief by bringing investment arbitration claims

A recent investor-state arbitration decision under the investment chapter of the North American Free Trade Agreement (NAFTA Chapter 11), Vento v. Mexico, demonstrates that foreign investors protected by an international...more

USMCA's 1 July entry into force: Key implementation and compliance issues

On 24 April 2020 United States Trade Representative (USTR) Robert Lighthizer notified Congress that the United States-Mexico-Canada Agreement (USMCA) will enter into force 1 July 2020. As a result, the North American Free...more

Trump administration issues Executive Order imposing broad new restrictions on foreign supply of equipment for the U.S. bulk-power...

On 1 May 2020 President Trump issued an "Executive Order on Securing the United States Bulk-Power System" (the Bulk-Power System EO), which establishes a framework for imposing broad new restrictions on the acquisition,...more

USTR invites comments on potential Section 301 exclusions in response to the coronavirus

The Office of the U.S. Trade Representative (USTR) has announced it is accepting comments on potential Section 301 tariff exclusions for Chinese imports necessary to respond to the coronavirus. USTR is likely to expeditiously...more

China, supply chain risk, and the race to 5G

A deeper dive into the president's FY2021 budget request for the U.S. Department of Commerce reveals new initiatives aimed at safeguarding technology. - The National Telecommunications and Information Administration (NTIA)...more

USMCA's rapid-response labor mechanism

The United States-Mexico-Canada Trade Agreement (USMCA) is noteworthy for its novel “facility specific rapid response labor mechanism” (the Rapid Response Mechanism or Mechanism). The Mechanism permits the United States or...more

Trade truce? United States and China reach phase one agreement

On 15 January 2020, President Donald J. Trump and Chinese Vice Premier Liu He signed a “Phase One” Agreement between the United States and China, a truce halting the escalating trade tensions between the two global trading...more

Shelter from trade wars: Considering tariff exemptions by the U.S. and Chinese governments

Consumer companies on both sides of the Pacific are feeling the impact of the U.S.-China trade war. Targeted by the retaliatory tariffs imposed by both governments and already feeling price pressure as consumer confidence has...more

U.S.-China trade war escalates with new round of Section 301 tariffs and currency manipulation designation

Following on the heels of U.S. trade negotiators’ return from China, on 1 August, President Trump abruptly announced via Twitter an “additional Tariff of 10 percent on the remaining 300 Billion Dollars of goods and products...more

China's tariff exclusion process

On 13 May 2019 China's State Council Tariff Commission announced a tariff exclusion process in which importers of certain U.S. goods subject to retaliatory tariffs can apply for exclusions from Chinese tariffs on a...more

USTR released the Section 301 product exclusion process for List 3 goods from China

On 20 June 2019 the Office of the United States Trade Representative (USTR) announced the final product exclusion process for List 3 by which U.S. stakeholders can request exclusion of particular Chinese products classified...more

USTR ordered to implement exclusion process for third round of “Section 301” tariffs on imports from China

Legislation funding the U.S. Government that was signed into law by President Trump on 15 February 2019 includes a provision requiring an exclusion process for articles subject to the third round of tariffs on Chinese...more

"Critical minerals" may herald Section 232 investigations

The Department of the Interior's (DOI) "critical minerals" list could provide insight into the Trump administration's future national security and trade investigations under the Trade and Expansion Act of 1962. Already the...more

White House announces US$34 billion in new duties on Chinese imports effective 6 July – another US$16 billion targeted for future...

On 15 June 2018 the United States Trade Representative (USTR) announced the imposition of additional 25 percent tariffs (i.e., a 25 percent tax) on US$34 billion in annual imports from China. The new duties will be effective...more

Potential trade war looms

As potential trade war looms, nearly 1,300 U.S.-imports may be subject to additional 25 percent tariffs under Section 301. U.S. imports from China potentially subject to additional duties include certain chemicals,...more

U.S. Exports of Whiskey, Juice, and Dairy Products to Europe Targeted for Retaliation against President Trump’s Plans to Limit...

U.S. trading partners have begun to signal their plans to consider retaliatory measures in response to President Trump’s Section 232 Investigations on steel imports. In particular, European Union (EU) officials recently...more

NAFTA Renegotiation Starting - Companies Doing Business in the United States, Canada, and Mexico Should Take Notice

On May 18, 2017, U.S. Trade Representative (USTR) Robert Lighthizer formally notified Congress of the Trump Administration's intent to renegotiate the North American Free Trade Agreement (NAFTA) with Mexico and Canada. The...more

U.S. Department of Commerce Initiates Section 232 Investigation that Could Limit Steel Imports in the Name of National Security

Last week, President Trump signed a presidential memorandum asking Commerce Secretary Wilbur Ross to expedite an investigation into the effects of steel imports on U.S. national security. The Department of Commerce conducts...more

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