The pace of new Russia sanctions matters slowed this week, with most of the action coming out of the European Union and United Kingdom.  New measures this week included bans on imports of steel and iron products, exports of luxury goods, investments in the Russian energy sector, and dealings with oligarchs and Russian state-owned enterprises. 

Please join us for a Kelley Drye Webinar on March 29th.   “Hot Market/Cold War: Is China Your Best Customer or Your Biggest Threat?” will feature a one-hour discussion between Kelley Drye International Trade and Government Relations partner, Paul Rosenthal, and Senior International Trade/Government Relations Advisor, Bill Reinsch, moderated by International Trade

After months of deliberation, the U.S. Congress has passed the $1.2T Infrastructure Investment and Jobs Act, which will deliver $550 billion of new federal investments in America’s infrastructure over five years.  The bipartisan bill contains $260 billion for transportation and transit investment; $90 billion for investment in clean technologies; $84 billion for water infrastructure and

On September 20, 2021, the U.S. Department of Commerce (“Commerce”) published a final rule codifying numerous changes – both substantive and procedural in nature – to certain portions of the body of regulations governing antidumping and countervailing duty proceedings.  Regulations To Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws, 86 Fed. Reg. 52,300 (Dep’t Commerce Sept. 20, 2021) (“Final Rule”).  The rule revisions constitute the first major overhaul of the AD/CVD regulations in over 20 years and were several years in the making.  That Commerce’s work on and ultimate implementation of these revisions spanned multiple presidential administrations is a testament to the apolitical nature of the effort and its importance to the good governance of U.S. trade laws.

Commerce first published a proposed rule in August 2020, inviting public comment and allowing 30 days for initial comments and 14 days for rebuttal submissions.  Regulations To Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws, 85 Fed. Reg. 49,472 (Dep’t Commerce Aug. 13, 2020) (“Proposed Rule”).  In response to the Proposed Rule, Commerce received 37 sets of comments and 17 rebuttal submissions from interested parties, including domestic producers, exporters, importers, surety companies, and foreign governments.  Given the scope and significance of the Proposed Rule most submissions were submitted on behalf of formal trade associations or informal groups of companies, or law firms, including Kelley Drye, representing the general interests of their client base and providing input based on extensive practitioner experience.

The modifications proposed and ultimately adopted by Commerce were largely expected and codified agency practice as it has developed over many years, in a number of increasingly important areas.  As Commerce explains:
Continue Reading Commerce Publishes Long-Awaited Changes to AD/CVD Regulations

Today, the Department of Defense (“DoD”) published in the Federal Register a request for comments on risks in the supply chain for strategic and critical materials. DoD’s request stems from an Executive Order signed in February by President Biden, which directed the DoD and three other federal agencies to closely examine America’s supply chains in

Thursday, October 10, 2019
12:00 PM – 1:00 PM

Many companies are looking for opportunities to reduce or eliminate duties on products they import.  In 2015, Congress passed legislation codifying a duty reduction process, known as the Miscellaneous Tariff Bill (MTB), that reduces duties assessed on more than a thousand imported raw materials and intermediate

The United States Court of International Trade recently overturned a U.S. Customs and Border Protection (CBP) denial of a protest, in which Quaker Pet Group, LLC contested CBP’s classification of its pet carriers.  The five pet carriers at issue in Quaker Pet Group, LLC v. United States, Slip Op. 18-9 (Ct’ Intl. Trade 2018) are used to carry cats, dogs or other pets and are made of mesh and cloth.  CBP classified the carriers under Harmonized Tariff Schedule of the United States (HTSUS) subheading 4202.92.30, a provision which covers “travel, sport and similar bags” made of textile material that are designed for “carrying clothing and other personal effects during travel.” 
Continue Reading CIT Overturns CBP: Pets are not “Items or Personal Effects”

Ahead of talks with Japanese Prime Minister Shinzo Abe scheduled for this week, President Trump told a group of governors and lawmakers in a meeting on Thursday, April 12th that the United States was looking to rejoin the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“TPP”).  President Trump withdrew from the TPP in January, 2017, just days after his inauguration, calling the agreement a “disaster.”

On Friday April 13th, however, President Trump repeated his previous stipulation that the United States would “only join {the TPP} if the deal were substantially better than the deal offered to {President} Obama.”  He explained that, “{the United States} already {has} BILATERAL deals with six of the eleven nations” in  the TPP, and we “are working to make a deal with the biggest of those nations, Japan, who has hit us hard on trade for years!”
Continue Reading Trump Reconsiders TPP Stance, May Have Renewed Interest in Multilateral Agreement

On February 21, the final version of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”) was released ahead of its official signing, which is scheduled for March 8, 2018.  The CPTPP reduces tariffs between 11 nations: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. The economies of these nations together account for more than 13% of the total global GDP, or 10 trillion U.S. dollars.

New Zealand Trade Minister David Parker, in a February 21, 2018 news conference, stressed the importance of the deal “because of the growing threats to the effective operation of the World Trade Organization rules.”  Steven Ciobo, Australia’s Minister for Trade, also praised the deal telling Reuters that, “the TPP-11 will help create new Australian jobs across all sectors – agriculture, manufacturing, mining, services – as it creates new opportunities in a free trade area that spans the Americas and Asia.”

The United States was a member state of the predecessor to the CPTPP – the Trans Pacific Partnership (“TPP”) – which was negotiated under former
Continue Reading Will the U.S. Re-Join the (CP)TPP?

On January 12, 2018, Australia brought a historical first WTO trade dispute against Canada.  The request for consultations alleges that the Canadian Government and the Canadian provinces of British Columbia (“B.C.”), Ontario, Quebec and Nova Scotia discriminated against imported Australian wine by maintaining discriminatory trade measures governing  the sale of wine.  The alleged discriminatory measures include:  distribution areas, licensing and sales measures (i.e., product mark-ups), market access and listing policies, and duties and taxes applied at the federal and provincial level. Pursuant to WTO rules, the parties have 60 days to settle the dispute after which time Australia may request adjudication before a WTO panel.

Australian exports of bottled wine to Canada declined by nearly  half between 2007 and 2016.  Australia Trade Minister Steven Ciobo discussed the request for consultations and Australian wine
Continue Reading Wine Wars: Australia takes Canada to WTO Alleging Discriminatory Rules Governing Wine Sales