In the last week, President Trump has threatened “secondary” tariffs in three distinct scenarios. While this is the first time that the Administration has used the term “secondary” tariffs, the terminology is likely intended to mirror that used in the sanctions context and, as with “secondary” sanctions, appears designed to be another mechanism by which
The Trump Administration Targets China, Iran, and Pakistan in its First Export Regulatory Action
On March 25, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) released two final rules that announced the addition of 80 new entities to the Entity List (see BIS press release here). In its press release, BIS officials stated that the Entity List is only one of the powerful
USTR Proposes Actions, Requests Comments on China’s Maritime, Logistics, and Shipbuilding Sectors
On February 21, 2025, the Office of the United States Trade Representative (USTR) announced its proposed actions following the Section 301 investigation of China’s targeting of the maritime, logistics, and shipbuilding sectors for dominance.
The Section 301 investigation was initiated on April 17, 2024. Following the investigation, USTR determined that China’s targeting of the maritime
Update: U.S. Tariffs on Mexico Delayed for One Month
On February 3, President Trump confirmed reports of a one-month pause for the implementation of 25% tariffs on imported products of Mexico, following a conversation with President Claudia Sheinbaum of Mexico during which Sheinbaum agreed to immediately supply 10,000 Mexican National Guardsmen to the U.S.-Mexico border to assist with fentanyl interdiction and illegal migration.
This
Trump Sets Stage for Future Tariffs and Trade Actions
On his first day in office, President Trump rolled out a sprawling set of directives to the heads of numerous government agencies charged with shaping U.S. trade policy. While stopping short of enacting new tariffs, the Presidential Memorandum defining an “America First Trade Policy” lays the investigative groundwork for potentially sweeping changes to tariffs and
Goods Subject to Tariffs May Lose 321 De Minimis Treatment in Proposed Rulemaking
On January 21, 2025, U.S. Customs and Border Protection (CBP) published a notice of proposed rulemaking that would make goods subject to tariffs under Sections 232, 201, and 301 ineligible for the de minimis duty exemption under the Section 321 Program, which allows imported shipments not exceeding $800 to enter the United States duty-free. To
Section 301: History and Overview
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”
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
Commerce Publishes Final Amendments on Trade Remedy Regulations
On December 16, 2024, the U.S. Department of Commerce published the final rule for Regulations Enhancing the Administration of the Antidumping and Countervailing Duty Trade Remedy Laws. Commerce’s final rule revised certain AD/CVD provisions, including those related to filing requirements, the application of cash deposits, indicators used in surrogate country selection, the application of
USTR Launches Section 301 Investigation of Nicaragua’s Labor and Human Rights Practices
On December 10, 2024, the Office of the United States Trade Representative (USTR) initiated an investigation of Nicaragua’s acts, policies, and practices related to labor rights, human rights, and the rule of law. The investigation will be conducted under Section 301 of the Trade Act of 1974. This is the first investigation that USTR has