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Articles by Brian Picone
The future of US-Latin America trade relations: What can we achieve in the next few years? | JD Supra
November 1, 2022 Earl Comstock, Francisco de Rosenzweig, Brian Picone, Gregory Spak White & Case LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: [View source.] Send Print Report DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
US Trade Representative Seeks Public Comments in Four-Year Review of Section 301 Tariffs on Products of China | JD Supra
On October 12, 2022, the Office of the US Trade Representative (USTR) issued a Federal Register notice seeking public comments to inform its ongoing four-year review of the Section 301 tariffs on China-origin goods.
IPEF Ministers Outline Negotiating Objectives, Setting Stage for Formal Negotiations | JD Supra
September 16, 2022 To embed, copy and paste the code into your website or blog: On September 9, 2022, trade ministers from the United States and thirteen other countries adopted joint Ministerial Statements on their negotiating objectives for the four "pillars" of the Indo-Pacific Economic Framework (IPEF): (1) Trade; (2) Supply Chains; (3) "Clean Economy;" and (4) "Fair Economy."1 The Ministerial Statements are an important milestone in the IPEF process, marking the conclusion of the initial...
New US Climate Bill Seeks to Promote Domestic Content in Clean Energy Projects | JD Supra
On July 27, Senate Majority Leader Chuck Schumer (D-NY) unveiled a budget reconciliation bill entitled the Inflation Reduction Act of 2022 ("IRA"), which would implement core components of President Biden's agenda on healthcare, tax reform, and climate change.1 The bill includes an estimated $369 billion in spending related to "climate change and energy security," including tax and other incentives to promote US production of electric vehicles ("EVs"), renewable energy technologies, and...
New US Climate Bill Seeks to Bolster Domestic Critical Minerals Supply Chain | JD Supra
On July 27, Senate Majority Leader Chuck Schumer (D-NY) unveiled a budget reconciliation bill entitled the Inflation Reduction Act of 2022 ("IRA"), which would implement core components of President Biden's agenda on healthcare, tax reform, and climate change.1 The bill includes an estimated $369 billion in investments related to "climate change and energy security," including tax and other incentives to promote US production of electric vehicles ("EVs"), renewable energy technologies, and...
New US Climate Bill Seeks to Onshore Electric Vehicle Supply Chain | JD Supra
On July 27, Senate Majority Leader Chuck Schumer (D-NY) unveiled a budget reconciliation bill entitled the Inflation Reduction Act of 2022 ("IRA"), which would implement core components of President Biden's agenda on healthcare, tax reform, and climate change.1 The bill includes an estimated $369 billion in expenditures related to "climate change and energy security," including tax and other incentives to promote US production of electric vehicles (EVs), renewable energy technologies, and...
United States and Canada Request Consultations Over Mexico's Energy Policies Under USMCA | JD Supra
July 22, 2022 David Bond, Francisco de Rosenzweig, Brian Picone White & Case LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: On July 20, 2022, the United States requested consultations with Mexico under the Dispute Settlement chapter of the United States-Mexico-Canada Agreement (USMCA), arguing that several of Mexico’s energy policies are inconsistent with the USMCA.1 The measures challenged by the United States affect a...
President Biden Invokes Emergency Authority to Waive Antidumping and Countervailing Duties on Solar Imports from Southeast Asia for Two Years | JD Supra
On June 6, 2022, President Biden announced that the United States would allow solar cells and modules imported from Cambodia, Malaysia, Thailand, and Vietnam to enter the United States free from antidumping (ADD) and countervailing duties (CVD) for a 24-month period, despite ongoing circumvention inquiries initiated by the US Department of Commerce (DOC) on April 1.
USTR Extends Section 301 Tariff Exclusions for Medical Products; Further Tariff Relief Under Consideration | JD Supra
On May 27, 2022, the Office of the US Trade Representative (USTR) published a Federal Register notice extending Section 301 tariff exclusions for certain China-origin medical products needed to address the COVID-19 pandemic.1 USTR's notice extends 81 product-specific exclusions for a period of six months (i.e., until December 1, 2022).
United States and 12 Indo-Pacific Countries Begin Discussions on Indo-Pacific Economic Framework, but Stop Short of Launching Formal Negotiations | JD Supra
On May 23, 2022, the United States and 12 other Indo-Pacific countries agreed to launch "collective discussions towards future negotiations" on the Indo-Pacific Economic Framework (IPEF) proposed by the Biden Administration. The countries that have agreed to participate in these discussions with the United States are Australia, Brunei Darussalam, India, Indonesia, Japan, Korea, Malaysia, New Zealand, the Philippines, Singapore, Thailand, and Vietnam.
United States and European Union Outline Plans for Cooperation on Trade and Technology | JD Supra
May 25, 2022 To embed, copy and paste the code into your website or blog: On May 16, 2022, senior officials from the United States and the European Union concluded the second meeting of the US-EU Trade and Technology Council (TTC) in Paris-Saclay, France.
USTR Begins Four-Year Review of Section 301 Tariffs on Products of China | JD Supra
On May 3, 2022, the Office of the US Trade Representative (USTR) published a Federal Register notice commencing its quadrennial review of the tariffs imposed on China-origin goods pursuant to Section 301 of the Trade Act of 1974. USTR initiated the review pursuant to Section 307(c) of the Trade Act, which requires USTR to review the "necessity" of Section 301 actions four years after their implementation.
United States to Replace Section 232 Tariff on UK Steel with Tariff-Rate Quota; UK to Eliminate Retaliatory Tariffs on US Goods | JD Supra
On March 22, 2022, the United States announced that it will replace its Section 232 tariffs on steel and aluminum from the United Kingdom (UK) with tariff-rate quotas (TRQ) that will allow "historically-based sustainable volumes" of 0.5 million metric tons (MMT) of steel and 21.6 thousand metric tons (TMT) of aluminum to enter the United States free of Section 232 tariffs each year. The TRQs will take effect on June 1, 2022.
Biden Administration Increases Domestic Content Requirements under Buy American Act, Enhances Price Preferences for Domestic “Critical” Goods | JD Supra
On March 7, 2022, the Federal Acquisition Regulatory Council (FAR Council) published a final rule that increases domestic content requirements for Federal government procurements governed by the Buy American Act (BAA).
President Biden Extends Safeguard Measure on Solar Products for Four Years, Doubles Tariff-Rate Quota for Solar Cells | JD Supra
On February 4, 2022, President Biden issued a Proclamation extending the United States' safeguard measure on imports of certain crystalline silicon photovoltaic (CSPV) cells (whether or not partially or fully assembled into other products). The Proclamation extends the safeguard measure for four years (the maximum period allowed by law), but reduces its restrictiveness by doubling the volume of the tariff-rate quota (TRQ) on imported CSPV cells to five gigawatts (GW).
Canada and Mexico Seek Panel Proceedings in USMCA Dispute with United States Concerning Automotive Rules of Origin | JD Supra
On January 6, 2022, the Government of Mexico requested the establishment of a panel in its dispute with the United States concerning the "interpretation and application" of the rules of origin (ROO) for automotive goods under the United States-Mexico-Canada Agreement (USMCA).
House “Build Back Better Act” Sets Stage for Trade Disputes Over Green Energy | JD Supra
On November 19, the House of Representatives approved a budget reconciliation bill entitled the Build Back Better Act (H.R. 5376), which contains President Biden’s core legislative priorities related to healthcare, the environment, education, and social spending. The bill contains ambitious new measures to address climate change, including an estimated $555 billion worth of tax credits, spending measures, and other climate-related initiatives.
US Department of Commerce Issues Final Rule to "Improve Administration and Enforcement" of Antidumping and Countervailing Duty Laws | JD Supra
On September 20, 2021, the US Department of Commerce (DOC) published a Final Rule that significantly modifies existing regulations and creates new ones governing antidumping (AD) and countervailing duty (CVD) procedures, with the aim of "improv[ing] administration and enforcement" of the AD and CVD laws.
Evolving trade and competition regulation in the push for green metals | JD Supra
The metals sector is an attractive target for decarbonization due to the energy-intensive nature of traditional production processes. Carbon: the next frontier of commodities trade tensions Governments around the world are prioritizing the decarbonization of the metals sector, and in particular steel and aluminum production, in their efforts to combat climate change.
United States Trade Alert: Mexico Requests Consultations With United States Concerning Automotive Rules of Origin Under US-Mexico-Canada Agreement | JD Supra
On August 20, the Government of Mexico requested consultations with the United States under the US-Mexico-Canada Agreement (USMCA) "for the purpose of avoiding or settling a potential dispute" regarding the Agreement's rules of origin ("ROO") for automotive goods.
House Republicans Introduce Bill to Renew 2015 Trade Promotion Authority Law and Establish New Negotiating Objectives for Pharmaceuticals | JD Supra
On July 27, Reps. John Joyce (R-PA) and Jim Banks (R-IN) introduced legislation that would establish new US trade negotiating objectives for the pharmaceutical sector, in the context of a broader renewal of the trade promotion authority ("TPA") statute that governs the negotiation and congressional approval of US trade agreements.
Legislation to Impose “Border Carbon Adjustment” Fee on Imported Steel and Other “Carbon-Intensive” Goods Introduced in US Congress | JD Supra
On July 19, Senator Chris Coons (D-DE) and Representative Scott Peters (D-CA) introduced companion bills in the Senate and the House of Representatives that would impose a "border carbon adjustment" ("BCA") fee on imports of carbon-intensive goods into the United States, including steel, aluminum, cement, and fossil fuels. The stated goals of S.
USTR and US Labor Unions Initiate First Proceedings Targeting Mexican Facilities Under USMCA's 'Rapid Response' Mechanism | JD Supra
On May 12, the Office of the US Trade Representative (USTR) announced that it has requested a review of labor practices at an automotive manufacturing facility in Mexico under the new 'Facility-Specific Rapid Response Labor Mechanism' in the US-Mexico-Canada Agreement (USMCA). In its request, USTR has asked the Government of Mexico to review whether workers at a General Motors (GM) facility in Silao, State of Guanajuato are being denied the right of free association and collective bargaining.
President Biden Orders Review of Supply Chain Risks in Critical Sectors | JD Supra
On February 24, President Biden signed an Executive Order (EO) directing federal agencies to perform a 100-day review of "supply chain risks" for four classes of products: (1) semiconductors; (2) high-capacity batteries, including for electric vehicles; (3) critical and strategic minerals, including rare earths; and (4) pharmaceuticals and their active ingredients.
The Role of the US Trade Representative and the Legal Framework for Formulation of US Trade Policy | JD Supra
This report is the first of a series in which White & Case's International Trade Group will examine the Biden administration's trade agenda and the key institutions that shape US trade policy.
President Biden Issues “Buy American” Executive Order, Following Last-Minute Changes by Trump Administration | JD Supra
On January 25, President Biden signed an Executive Order that contemplates increasing the domestic content thresholds and price preferences for domestic goods under the Buy American Act ("BAA," 41 U.S.C. §§ 8301-8305).1 The Order follows the Federal Acquisition Regulatory Council's issuance of a final rule on January 19 (the Trump administration's last full day in office) that increased the domestic content thresholds and price preferences under the BAA pursuant to a July 2019 Executive...
United States Trade Report Implications of the 2020 Election for US Trade Policy: An Early Look at the Biden Administration’s Approach | JD Supra
The election of Joseph R. Biden as the 46th President of the United States will have important implications for US trade policy and the World Trade Organization.
US International Trade Commission Institutes Global Safeguard Investigation Concerning Fresh, Chilled and Frozen Blueberries | JD Supra
The US International Trade Commission (ITC) instituted a global safeguard investigation concerning imports of fresh, chilled or frozen blueberries, pursuant to Section 201 of the Trade Act of 1974, on October 6, 2020.
President Trump Declares National Emergency, Considers Import Restrictions to Address Reliance on Critical Minerals from "Foreign Adversaries" | JD Supra
On September 30, 2020, President Trump issued an Executive Order (the "2020 Order") declaring a national emergency, pursuant to the National Emergencies Act (NEA, 50 U.S.C. § 1601 et seq.), with respect to the United States' "undue reliance on critical minerals, in processed or unprocessed form, from foreign adversaries[.]" The 2020 Order directs the US Department of the Interior (the "DOI") to develop, by November 29, 2020, recommendations for potential executive actions to respond to the...
USMCA Uniform Regulations Clarify Scope and Application of Steel and Aluminum Purchase Requirements for Passenger Vehicles, Light Trucks, and Heavy Trucks | White & Case LLP - JDSupra
On June 3, 2020, the Office of the US Trade Representative (USTR) published an interim version of the Uniform Regulations concerning the interpretation, application, and administration of key provisions of the US-Mexico-Canada Agreement (USMCA), including the Agreement's rules of origin for automotive goods.1 Among other issues, the Uniform Regulations address the scope and application of the USMCA's requirement that a passenger vehicle, light truck, or heavy truck is "originating" (and thus...
US Department of Commerce Seeks Public Comments on Potential Changes to Section 232 Exclusion Process | JD Supra
On May 26, 2020, the US Department of Commerce, Bureau of Industry and Security (“DOC”) published a Federal Register notice seeking written comments on ways to improve the exclusion process for tariffs and quotas imposed on steel and aluminum imports pursuant to Section 232 of the Trade Expansion Act of 1962 (“Section 232”).
US Department of Commerce Publishes Final Rule on Treatment of Alleged "Currency Undervaluation" in Countervailing Duty Proceedings | JD Supra
On February 4, 2020, the US Department of Commerce (DOC) published a final rule establishing a process by which DOC may treat a foreign country's "currency undervaluation" as a countervailable subsidy for purposes of US countervailing duty (CVD) proceedings, thus potentially subjecting imports from that country to remedial duties.
United States Trade Report: Congress Approves Legislation to Implement US-Mexico-Canada Agreement | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
United States and China Sign "Phase One" Trade Agreement; USTR Implements Tariff Reduction for "List 4A" Goods | JD Supra
On January 15, 2020, President Trump and Chinese Vice Premier Liu He signed "Phase One" of an Economic and Trade Agreement between the United States and China.
USTR Proposes Tariffs on French Goods and Possible Restrictions on Services in Section 301 Investigation of France's Digital Services Tax | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
US-China Negotiations on "Phase One" Agreement Continue with Little Clarity on Tariffs or Substance | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
USMCA Inches Forward in Congress, but Time May Be Running Short | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Analysis of the US-Japan Trade Agreement | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
USTR Establishes Product Exclusion Process for Fourth List of China-Origin Goods Subject to Section 301 Tariffs | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
United States and Japan Reach "Agreement in Principle," but Questions and Obstacles Remain | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
China Announces Retaliatory Tariffs on US$75 Billion in Annual Imports from the United States in Response to Latest Section 301 Action; President Trump Immediately Announces Increase of Section 301 Tariff Rates | White & Case LLP - JDSupra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
US Trade Representative Issues Federal Register Notice Implementing “List 4” Tariffs; China Promises Countermeasures | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
US Treasury Department Designates China as a "Currency Manipulator" Under 1988 Statute | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
President Trump Threatens Tariffs on All Goods Imported from Mexico to Address “Border Crisis” | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
United States Eliminates Section 232 Tariffs on Steel and Aluminum from Canada and Mexico; Canada and Mexico Eliminate Retaliatory Tariffs on US Goods | White & Case LLP - JDSupra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
President Trump Issues Proclamation Finding National Security Threat from Automotive Imports Under Section 232; Directs USTR to Initiate Negotiations with Japan, the EU, and Other "Appropriate" Countries | White & Case LLP - JDSupra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
USTR Proposes Fourth Round of Section 301 Tariffs on $300 Billion Worth of Chinese Imports; China Announces Increased Tariffs on $60 Billion in US Goods | White & Case LLP - JDSupra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
USTR Indicates Tariffs on Chinese "List 4" Goods Forthcoming; Details Expected on Monday, May 13 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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