Joshua Morey

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Commerce Initiates 232 Investigation of Auto Imports

On May 23, 2018, Commerce Secretary Ross initiated an investigation into whether imports into the United States of automobiles and auto parts threaten to impair the national security.  A link to the press release announcing the initiation of the investigation is available here. As it did during its recent 232 investigations concerning U.S. imports of … Continue Reading

Commerce Secretary Releases Steel and Aluminum 232 Reports, Recommends Remedies

On Friday, February 16, 2018, Secretary Ross released public versions of the U.S. Department of Commerce’s reports concerning the agency’s section 232 investigations into the impact on national security of steel and aluminum imports. As a result of its investigations, the Department of Commerce has determined that imports of steel and aluminum “threaten to impair … Continue Reading

Canada Challenges Certain United States Antidumping and Countervailing Duty Measures

On January 10, 2018, Canada circulated to WTO members a request for consultations challenging several aspects of the United States antidumping and countervailing proceedings. The request for consultation is available on the WTO’s website and can be found here. In particular, Canada challenges: the way in which the U.S. Department of Commerce refunds cash deposits … Continue Reading

Commerce Announces Preliminary Determination in Antidumping Investigation of Aluminum Foil from China and Determines that China Continues to Be a Non-Market Economy

On Friday, October 27, 2017, the Department of Commerce announced its affirmative preliminary determination in the antidumping duty investigation on aluminum foil from China.  The Department calculated preliminary dumping margins of 96.81 and 162.24 percent for the two mandatory respondents under investigation.  Additionally, the Department set the rate for the PRC-wide entity at 162.24 percent … Continue Reading

Solar Cell 201 Investigation Moves to Remedy Phase

On Friday, September 22, 2017, the U.S. International Trade Commission (“USITC”) unanimously determined that crystalline silicon photovoltaic (CSPV) cells and modules are being “imported into the United States in such increased quantities as to be a substantial cause of serious injury” to the domestic industry. The petition was filed in late May 2017 on behalf … Continue Reading

USTR Lighthizer Keeps Promise, Swiftly Initiates Investigation into Potential Chinese IP Violations

Four days after President Trump signed a memorandum directing the U.S. Trade Representative (“USTR”) to determine whether to initiate a Section 301 investigation of Chinese laws, policies, practices, or actions that may be harming the intellectual property rights of U.S. persons, USTR Lighthizer formally announced the initiation of an investigation on August 18, 2017. The … Continue Reading

Trump Administration Takes Steps to Identify Chinese Violations of U.S. Intellectual Property Rights

On Monday, August 14, 2017, President Trump signed a memorandum directing the U.S. Trade Representative (“USTR”) to determine whether to initiate a Section 301 investigation of Chinese laws, policies, practices, or actions that may be harming the intellectual property rights of U.S. persons. In a Section 301 investigation, if the USTR determines that a Chinese … Continue Reading

Combating Evasion of Duties Front and Center

Last year, President Obama signed into law the Trade Facilitation and Trade Enforcement Act of 2015 (“TFTEA”).  Section 421 of the TFTEA (commonly called the Enforce and Protect Act, or EAPA), establishes procedures for submitting and investigating allegations of evasion of antidumping and countervailing duties. The statute encouraged a wide variety of stakeholders to participate … Continue Reading

National Security Investigation on Aluminum Imports Wrapping Up

Commerce Secretary Ross and the Department of Commerce’s Bureau of Industry and Security held a public hearing on Thursday, June 22, 2017 in the ongoing Section 232 investigation into whether aluminum imports are a threat to U.S. national security. Witness testimony covered several topics including the negative effects of China’s aluminum overcapacity, the coverage and … Continue Reading

Solar Cells and Modules Section 201 Investigation

On May 23, 2017, pursuant to a petition filed on behalf of Suniva, Inc., (“Suniva”) the U.S. International Trade Commission (the “Commission”) initiation a Section 201 safeguard investigation on crystalline silicon photovoltaic (CSPV) cells and modules.  Unlike antidumping and countervailing duty investigations, Section 201 investigations provide domestic industries relief from fairly-traded imports that are being … Continue Reading
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