Trade Practitioner

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A Summary of China’s Retaliation Actions Since The Trump Administration

This summary helps to navigate the various retaliation actions China has taken in the past 50 days after President Trump took office on January 20, 2025, to counter the US trade restrictions, including (i) imposing additional tariff on certain US origin products, (ii) adding 12 US companies to the Unreliable Entity List, (iii) control of … Continue Reading

DOJ’S False Claims Act Based Civil Cyber-Fraud Initiative in 2024

The US Department of Justice’s Civil Cyber-Fraud (CCF) Initiative employs the powerful False Claims Act (FCA), with two recent FCA settlements under the CCF Initiative indicating scrutiny on cybersecurity compliance to combat emerging cyber threats.  Whether the CCF Initiative continues in current form, it nonetheless underscores the importance for contractors, subcontractors, grantees, and other forms … Continue Reading

Final Rule Implementing ICTS Supply Chain Executive Order 13873 In Effect

On May 15, 2019, President Trump issued Executive Order 13873 – Securing the Information and Communications Technology and Services Supply Chain (“EO” or “EO 13873”). After taking comments on a proposed implementing rule, the Department of Commerce (“DOC” or “Secretary”), on the very eve of the Biden Administration taking office, issued an Interim Final Rule … Continue Reading

Bipartisan Push to Strengthen American Supply Chains

Members of Congress have demonstrated an early bipartisan interest in continuing to promote US supply chain resilience, highlighting an avenue for bipartisanship in the foreign policy agenda of the new Trump Administration. Sen. Marsha Blackburn (R-Tennessee) has partnered with Democratic colleagues on the reintroduction of two pieces of legislation focused on supply chain resilience. Check … Continue Reading

UPDATE: US DOL Order Directing Departments to Cease Enforcement of Affirmative Action Requirements of EO 11246

US government contractors should be aware that following President Trump’s January 21 Executive Order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” on January 24, acting U.S. Department of Labor (DOL) Secretary Vincent Micone issued an agency Order instructing DOL employees to cease and desist “all investigative and enforcement activity” under Executive Order 11246 (Equal Employment … Continue Reading

New Antidumping and Countervailing Duty Petitions on Temporary Steel Fencing from China

On January 14, 2025, ZND US Inc (Petitioner or ZND), domestic producer of temporary steel fencing, filed petitions with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) seeking the imposition of antidumping duties (AD) and countervailing duties (CVD) on temporary steel fencing from China. Such structures include fencing for construction … Continue Reading

EU Publishes Regulation Banning Products Made With Forced Labour

On 12 December 2024, the Forced Labour Regulation (FLR) was published prohibiting products made with forced labour on the EU market. This is the definitive and legally binding version of the FLR.  As detailed in an earlier client insight, the prohibition on products made with forced labour, as set out in the FLR, and the resulting obligations and associated checks and enforcement, will only enter … Continue Reading

New Antidumping and Countervailing Duty Petitions on Active Anode Materials from China

On December 17, 2024, American Active Anode Material Producers, a trade association consisting of domestic manufacturers of certain active anode materials, filed petitions with the US Department of Commerce (DOC) and the US International Trade Commission (ITC) seeking the imposition of antidumping (AD) and countervailing duties (CVD) on imports of such materials from China. The … Continue Reading

The EU Strengthens Sanctions Against Russia with 15th Package of Restrictive Measures

On 16 December 2024, the European Union (EU) adopted its 15th package of sanctions against Russia in response to its ongoing aggression toward Ukraine. The new measures target key sectors of Russia’s military-industrial complex, including the “shadow fleet” and companies that support this complex. In a significant development, the EU has imposed fully-fledged sanctions – … Continue Reading

Key Updates on the Enhanced Due Diligence and Circumvention Requirements Under Council Regulation 833/2014

On 11 December 2024, the European Commission issued important updates to its Consolidated FAQs on the implementation of Council Regulation No 833/2014 and Council Regulation No 269/2014 (FAQs). These updates cover multiple topics, including due diligence requirements, circumvention and the introduction of a new chapter dedicated specifically to enhanced due diligence for operators involved in … Continue Reading

US Outbound Investment Regulations to Take Effect on January 2, 2025

On October 28, 2024, the Department of the Treasury’s (Treasury) Office of Investment Security issued a final rule[1] (“Final Rule” or “Outbound Investment Regulations”) containing the regulations that will implement, effective on January 2, 2025, an outbound investment regulatory regime that captures certain types of US person-involved investments in, or with, Chinese interests if the … Continue Reading

New Antidumping and Countervailing Duty Petitions on Overhead Door Springs from China and India

On October 29, 2024, IDC Group, Inc., Iowa Spring Manufacturing, Inc., and Service Spring Corp. (Petitioners), domestic producers of overhead door counterbalance torsion springs (overhead door springs), filed petitions with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) seeking the imposition of antidumping duties (AD) and countervailing duties (CVD) on … Continue Reading

New Antidumping and Countervailing Duty Petitions on Hard Empty Capsules from Brazil, China, India, and Vietnam

On October 24, 2024, Lonza Greenwood LLC (Petitioner or Lonza), domestic producer of hard empty capsules (HECs), filed petitions with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) seeking the imposition of antidumping duties (AD) and countervailing duties (CVD) on imports of HECs from Brazil, China, India, and Vietnam. HECs … Continue Reading

The stony road to de-fragmentation of EU Foreign Direct Investment Control (FDI)

On 9 September, Mario Draghi published a report on ‘The Future of European Competitiveness’ highlighting the need for the EU to strengthen its Investment Screening Mechanism. The report was part of a broader effort to assess and strengthen the EU’s economic and strategic resilience in response to rising global competition and geopolitical challenges. Draghi’s report … Continue Reading

Navigating DoD’s CMMC Program Final Rule

On October 15, 2024, the U.S. Department of Defense (DoD) released its final rule to establish the Cybersecurity Maturity Model Certification (CMMC) Program (Final CMMC Program Rule). The CMMC Program allows the DoD to verify that defense prime contractors and subcontractors (defense contractors) have implemented security safeguards for Federal Contract Information (FCI) and Controlled Unclassified … Continue Reading

New Antidumping and Countervailing Duty Petitions on Paper File Folders from Cambodia and Sri Lanka

On October 21, 2024, Smead Manufacturing Company, Inc. and TOPS Products LLC, collectively, the Coalition of Domestic Folder Manufacturers (Petitioner or Coalition) filed petitions with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) seeking the imposition of antidumping duties (AD) on imports of paper file folders from Cambodia and Sri … Continue Reading

PVH Facing the Risk of Being Placed on China’s Unreliable Entities List

On September 24, 2024, China’s Ministry of Commerce (MOFCOM) announced that the Working Mechanism of the Unreliable Entities List (the “Working Mechanism”) had initiated an investigation of the PVH Group, a global clothing company and owner of brands such as Tommy Hilfiger, Calvin Klein, Warner’s, Olga and True & Co. The action was taken pursuant … Continue Reading

New Antidumping and Countervailing Duty Petitions on Thermoformed Molded Fiber Products from China and Vietnam

On October 8, 2024, Genera, Tellus Products LLC, and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO (USW), collectively, “American Molded Fiber Coalition” (Petitioner or Coalition), filed petitions with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) seeking the imposition of … Continue Reading

G7 Issues New Recommendations to Prevent Circumvention of Sanctions Against Russia

The primary objective of this guidance is to ensure industry compliance with export controls and help businesses identify risks associated with circumvention of export restrictions directed against the Russian military-industrial complex. The joint guidance identifies the following priority areas: (i)products posing an increased risk of reexport to Russia; (ii) red flag indicators of potential export … Continue Reading

New Antidumping and Countervailing Duty Petitions on Hexamine from China, Germany, India, and Saudi Arabia

On September 29, 2024, Bakelite LLC (Petitioner or Bakelite), domestic producer of granular hexamethylenetetramine (hexamine), filed petitions with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) seeking the imposition of antidumping duties (AD) on imports of hexamine from China, Germany, India, and Saudi Arabia, and countervailing duties (CVD) on imports … Continue Reading

BIS Issues Rule on Implementation of Export Controls on Several Advanced Technologies

On September 5, 2024, the Bureau of Industry and Security (BIS) issued an Interim Final Rule (IFR) implementing export controls on several semiconductor, quantum and additive manufacturing items, as well as Gate-All-Around Field-Effect Transistor (GAAFET) technology. This long-awaited rule is largely aimed at preventing China and other foreign adversaries from advancing their artificial intelligence (AI) capabilities, … Continue Reading

DoD Advances CMMC: Key Takeaways from the Proposed August 2024 DFARS Rule

On August 15, 2024, the US Department of Defense (DoD) published a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) in order to implement the Cybersecurity Maturity Model Certification (CMMC) program. DoD is executing a phased rollout of CMMC, and the August 2024 proposed rule is the second proposed rule DoD has … Continue Reading
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