On Friday, August 23, the Trump Administration announced an increase in Section 301 tariffs following China’s announcement of retaliatory tariffs targeting $75 billion of US goods. The announcement, which came by way of tweet, provided that Section 301 tariffs on all List 1 through 3 goods would be elevated from 25% to 30% effective October
Section 301 (China) Product Exclusions Update: Customs Guidance for U.S. Importers
It has been almost a year since the first round of Section 301 China tariffs went into effect on July 6, 2018. Since that time, the Office of the United States Trade Representative (USTR) has reviewed thousands of product exclusion requests on Lists 1 and 2. Granted product exclusions are retroactive to the date of
WTO Consultations Between the US and Russia
On August 29, 2018, the United States circulated a request for consultations to the World Trade Organization (WTO) members. The US has requested that the WTO help resolve a dispute between the US and Russia concerning additional duties imposed by Russia on certain US goods.
A request for consultations is similar to other forms of
CIT Upholds Commerce Duties on UAE Nails
In a May 22, 2018 Opinion and Order, the U.S. Court of International Trade (“CIT) upheld the U.S. Department of Commerce’s (“Commerce”) use of a Thai nail producer, rather than a Dubai producer, as a surrogate for the calculation of anti-dumping duties to be assessed on two nail producers from the United Arab Eremites
Temporary Fix: President Trump Extends the Iran Nuclear Deal
On January 12, 2018, President Trump issued a statement announcing that he will approve certain sanctions waivers necessary in order to preserve the Iran nuclear deal. At the same time, he called on the U.S.’s European allies to work with the U.S. to fix the flaws of the Iran nuclear deal (the Joint Comprehensive Plan
Shenzhen Creating One Arbitration Center
In an attempt to become a modern hub in Southern China for domestic and international arbitration, the Government of Shenzhen announced at the end of December 2017 that it was combining two arbitration centers. The previous Shenzhen Court of International Arbitration (“SCIA”) and the Shenzhen Arbitration Commission will be combined into one center called the
Duracell Takes On Gray Market Goods
In a recently filed complaint, battery giant Duracell brought Lanham Act claims against wholesaler JRS Ventures, Inc. (JRS) for importing and reselling batteries bearing the Duracell’s iconic “copper top” mark. The wrinkle, as is the case in all “gray market goods” (or “parallel import”) cases is that the batteries are genuine Duracell batteries, produced with
Guinea Exploration Venture Stalls After FCPA Investigation
SCS Corporation, Ltd. (SCS), a unit of Houston oil and gas drilling company Hyperdynamics Corporation (“Hyperdynamics”), has filed parallel actions in the Southern District of Texas (4:16-cv-00076) and before the American Arbitration Association against two partners who SCS alleges used an FCPA investigation into Hyperdynamics as a pretext for breaching their joint exploration agreement.
SCS
Fed. Cir. Forces Government to Choose Import Penalty Culpability Theory and Stick To It
In U.S. v. Nitek Electronics, Inc., the Federal Circuit constrained the Department of Justice’s ability to seek import penalties based on a culpability level different than the level alleged by the Customs and Border Protection during the administrative penalty process.
Generally, when pursing
First Circuit Upholds Longest-Ever Antitrust Violation Sentence Against Sea Star Line President
The First Circuit Court of Appeals recently upheld the five-year prison sentence of former Sea Star Line LLC president, Frank Peake, following his conviction as part a massive shipping price-fixing scheme centered in Puerto Rico. See the First Circuit’s opinion here.
The Government