Section 301 of the Trade Act of 1974 delegates to the Office of the United States Trade Representative (USTR) authority to investigate and respond to unfair foreign trade practices that could harm domestic interests. Under Section 301, USTR can act against foreign countries that violate U.S. trade agreements or engage in acts that are “unjustifiable”
International Trade Law
Trade law news insights and commentary
DHS Adds 37 China-based Firms to UFLPA Entity List
On January 14, 2025, the Department of Homeland Security (DHS) announced the addition of 37 China-based entities to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List. DHS cited these entities’ alleged connections to sourcing material and forced labor in the Xinjiang Uyghur Autonomous Region (XUAR) as reasons for their addition.
This batch of entities…
CBP Proposes Rule Imposing Greater Regulation of De Minimis Imports
U.S. Customs and Border Protection (CBP) issued a notice of proposed rulemaking concerning the de minimis exemption under 19 U.S.C. § 1321 (Section 321). Currently, the de minimis exemption allows goods with an aggregate value under $800 to enter the U.S. duty-free and via an expedited process. The proposed amendment is intended to stem the…
China Unveils New Framework To Stimulate Cross-Border Data Flows: Risk or Opportunity for Multinational Companies
By Nigel Cory & Zhiwei Chen
As Foreign Investment in China Shrinks, China Unveils New Framework to Stimulate Cross-Border Data Flows: Risk or Opportunity for Multinational Companies?
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UK’s OTSI Publishes New Russia Evasion and Diversion Guidance
To kick-start 2025, the UK’s recently established Office of Trade Sanctions Implementation (“OTSI”) has published two related guidance notes for UK exporters on Russian trade sanctions evasion and diversion.
First, Countering Russian sanctions evasion – guidance for exporters seeks to support UK exporters and manufacturers in identifying Russian evasion practices and mitigating the risk of…
Section 232: History and the Exclusion Process
Introduction
Section 232 of the Trade Expansion Act of 1962 serves as a critical U.S. trade policy tool designed to safeguard national security by regulating imports. The provision grants the President the authority to impose tariffs or other trade restrictions on imports that threaten national security. The underlying rationale is that certain imports could undermine…
Biden Administration Updates Policy Guidance for the Implementation of the Missile Technology Control Regime
On January 3, 2025, President Biden issued a National Security Memorandum (NSM) to update policy guidance for the Government of the United States’ implementation of the Missile Technology Control Regime (MTCR). The NSM directs the relevant executive branch agencies to provide increased flexibility for case-by-case review and facilitate support for certain MTCR Category I military…
Navigating Disputes on Megaprojects Amid Trump Tariffs – Part 2
This alert examines the potential for disputes arising from President-elect Trump’s proposed tariffs and offers strategies for mitigating cost increases, delays, and contractual conflicts in megaprojects.
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Proactive Strategies for Managing Tariff Impacts on Megaprojects – Part 1
Prepare for potential cost increases and delays in megaprojects arising from proposed tariffs in a second Trump administration by leveraging proactive risk management strategies and contract adjustments.
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New Year, Updated List: The U.S. Department of Defense Updates Its List of Chinese Military Companies with Ancillary Supply Chain and USG Contracting Impacts
On January 2, 2025, the U.S. Department of Defense (DoD) updated the 1260H List of entities identified as “Chinese military companies” (CMC) operating in the United States, as required by section 1260H of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021 (Section 1260H), adding new entities and removing others. The updated 1260H…