On February 21, 2023, the Comprehensive and Progressive Agreement for Trans‑Pacific Partnership (CPTPP) formally entered into force for Chile, after undergoing an intense, four-year legislative process. The CPTPP covers the full range of modern trade agreements, including market access for
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The Window for Putting a USMCA State Party on Notice of a NAFTA Legacy Investment Claim Closes at the End of March
Canadian, Mexican and United States investors considering bringing a claim under the North American Free Trade Agreement (NAFTA) against a NAFTA State Party should be aware that the three-year window for notifying their claim will soon come to an end. …
The EU’s Foreign Subsidies Regulation Gets Adopted
On 14 December 2022, the Council of the EU (“Council”) and the European Parliament (“Parliament”) adopted Regulation (EU) 2022/2560 of the European Parliament and of the Council on foreign subsidies distorting the internal market (the “Foreign Subsidies Regulation” or “FSR”),…
The Department of Commerce Seeks Comment on Its “Particular Market Situation” Practice
By Eric Emerson, Katy Shin & Michael
On November 18, 2022, the Department of Commerce (“the Department”) published a notice of advanced proposed rulemaking seeking public comments with respect to its methodology in determining the existence of a particular market situation (“PMS”) that distorts the cost of…
U.S. Commerce Department Concludes Russia Is a Non-Market Economy for Antidumping Proceedings
By Eric Emerson
Last week, the U.S. Department of Commerce (“DOC”) concluded that the Russian Federation will be considered a non-market economy (“NME”) for future antidumping duty (“AD”) proceedings. This decision reversed the DOC’s 2002 conclusion that Russia was a market economy country,…
Measures Banning Products Made with Forced Labor: US, EU and UK Approach
The United States, the European Union, and the United Kingdom are increasingly using trade policy tools as a means to promote certain sustainability goals related to human rights and the environment. For instance, Steptoe covered in a previous post the…
The EU Single Market Emergency Instrument: Comparing the SMEI Against the U.S. Defense Production Act
On September 19, 2022, the European Commission (“Commission”) presented the Single Market Emergency Instrument (“SMEI”), a crisis management framework designed to secure supply chains of “identified, strategically important goods and services” within the European Union (“EU”) during times of emergency. …
USTR Announces Next Steps in Statutory Four-Year Review of China 301 Tariffs
By Eric Emerson & Judy Wang
On October 12, 2022, the Office of the U.S. Trade Representative announced it would be seeking public comments regarding the effectiveness of the actions related to the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer,…
The USMCA’s Rapid Response Labor Mechanism: An Increasingly Important Component of the Biden Administration’s “Worker-Centric” Trade Policy
On September 24, 2022, the Office of the United States Trade Representative (USTR) announced the successful resolution of a labor complaint brought under the Rapid Response Labor Mechanism (RRM) of the United States-Mexico-Canada Agreement (USMCA). This case marked the fifth…
Section 301 Duties on Imports from China: Current Status of Prospects for Relief
By Eric Emerson & Judy Wang
Since the beginning of the Biden Administration, and particularly since earlier in 2021, U.S. companies and importers have been looking forward to the prospect of a reduction in the tariffs originally imposed in 2018 and 2019 following the Section 301…