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Latest from Thompson Hine LLP

The Office of the U.S. Trade Representative issued another list of product exclusions from Section 301 tariffs on imported goods from China, granting full or partial exemptions in response to 87 separate exclusion requests, according to a pre-publication copy of the notice. The exclusions cover a wide range of products, including, inter alia, certain pumps, impellers, water filters/oxidizers/purifiers, rotors, check valves, bituminous pavers, electric motors and transformers, and flat panel display modules. The exclusions can…
Although I love my home state of Ohio, I have to acknowledge that we are not often in the avant-garde when it comes to legal ethics.  After all, Ohio was one of the last jurisdictions in the Union to adopt the Model Rules of Professional Conduct (2007).  But last week, the Ohio Supreme Court put out for public comment proposed rule amendments that would add the Buckeye State to a small number of progressive jurisdictions — namely, those that permit lawyers…
A Washington appellate court recently disqualified a county prosecutor’s entire office from participating in the re-trial of a murder case.  The chief prosecutor had previously represented the defendant while in private practice.  The case shines a light on government lawyers and imputed conflicts of interest. Election win spells DQ The county prosecuting attorney, Garth Dano, had worked closely as a “consulting attorney” with the murder defendant’s trial team, and communicated about strategy, the theory of the case, potential…
On March 12, 2019, Robert Lighthizer, U.S. Trade Representative (USTR), testified before the Senate Finance Committee regarding the World Trade Organization (WTO) and President Donald Trump’s desire for a more effective international trading system. In his prepared remarks, Ambassador Lighthizer stated that the United States remains active at all levels of the WTO but has concerns about it. “In many ways, the WTO is not working as expected,” he stated, noting that the negotiating…
On March 6, 2019, during a meeting of the Foreign Trade Commission of the Mexican Senate, Luz Maria de la Mora-Sanchez, Foreign Trade Undersecretary of Mexico’s Ministry of Economy, announced that the Mexican government is planning to include additional items on its list of U.S. products subject to retaliatory measures, which were originally imposed on June 5, 2018, in response to the U.S. government’s imposition of Section 232 tariffs on certain steel and aluminum imports…
Do we ever take off our “lawyer hats”? The question has been in the news because of a tweet by Rep. Matt Gaetz, who represents Florida’s first congressional district and is a member of the Florida bar.  Pictured at the right, the tweet was directed at Michael Cohen, President Trump’s former attorney, the night before Cohen testified before Congress for the first time on Feb. 27. The Florida bar opened an ethics inquiry in response to what a Law360 …
On March 6, 2019, the American Kitchen Cabinet Alliance (Alliance) filed antidumping (AD) and countervailing duty (CVD) petitions with the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (Commission) against imports of wooden cabinets and vanities from China. The Alliance consists of U.S. producers of wooden cabinets and vanities: ACProducts, Inc., American Woodmark Corporation, Bellmont Cabinet Co., Bertch Cabinet Manufacturing, The Corsi Group, Crystal Cabinet Works, Inc., Dura Supreme Cabinetry, Jim Bishop…
President Donald Trump has officially notified Congress of his intent to terminate the designation of Turkey and India as beneficiary developing countries under the Generalized System of Preferences (GSP) program. Termination means that products from these two countries will no longer receive duty-free access to the U.S. market. Official removal of these countries’ designation under the GSP program can occur 60 days after the March 4, 2019, notification to Congress; removal is thus likely to…
On September 27, 2018, Titanium Metals Corporation (TIMET) filed a Section 232 petition alleging that the quantity or circumstances of U.S. titanium sponge imports threaten to impair national security. On March 4, 2019, Secretary of Commerce Wilbur Ross announced that the petition had been accepted and an investigation initiated. Ross sent a letter to Acting Secretary of Defense Patrick Shanahan informing him of the investigation in response to this petition, stating that the Department of…
In a Notice of Modification of Action published in the Federal Register on March 5, 2019, the Office of the U.S. Trade Representative (USTR) made official its earlier announcement (see Trump and Trade Update of March 1, 2019) that the Section 301 retaliatory tariff for the third tranche/list of products imported from China will remain at 10 percent until further notice. It remains a point of contention between Congress and USTR as to whether…