PS – The links USTR originally provided to List 4A and List 4B which are found below, are no longer available. In their place, please see 84 FR 43304 published August 20, 2019 or https://ustr.gov/sites/default/files/enforcement/301Investigations/Notice_of_Modification_%28List_4A_and_List_4B%29.pdf.

While the Federal Register notice containing all the relevant details has yet to be published, today, the U.S. Trade Representative

As has been repeatedly mentioned in the general press, President Trump tweeted on August 1st that the U.S. “will start, on September 1st, putting a small additional Tariff of 10% on the remaining 300 Billion Dollars of goods and products coming from China into our Country.” There are lots of questions about what that short

Originally published by the Journal of Commerce in July 2019

Much to the surprise of many American companies, my cost is going to go through the roof with a 25% tariff and price my products out of the market is not enough of a justification for an exclusion request to be granted. It was not

There are many ways employers may run afoul of the anti-discrimination provisions in U.S. immigration law.  As a very clear starting point, the general rule for a long time has been and remains an employer may not make hiring, firing, or recruitment / referral decisions based on a worker’s citizenship status. However, there are notable

In March, there was a good deal of consternation in the general press trying to understand news that President Trump had overruled the actions of the Office of Foreign Assets Control (“OFAC”) to impose additional sanctions on North Korea. Beside the oddity of a President overruling actions by a part of the Executive branch after

Originally published by the Journal of Commerce in March 2019

On the trade with China front this week, the news is Huawei Technologies Co, of China sued the U.S. government regarding provisions in the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (“NDAA”).  The timing of the lawsuit is drawing interest as

Originally published by the Journal of Commerce in February 2019

Of all the questions asked of trade attorneys, this is likely the most frequent one.  The answer is both a study in current events, but also much more complex.  Let’s start at the obvious beginning point. Customs and Border Protection (“CBP”) receives advance information about

The Consolidated Appropriations Act of 2019 was signed into law on Friday, February 15, 2019, so the potential for another shutdown was averted, but there was a hidden gem buried in a related document. This new law contains a specific appropriation for the U.S. Trade Representative’s office which reads: “For necessary expenses of the Office

Originally published by the Journal of Commerce in January 2019

One of the topics that consistently makes the top 5 in just about every survey of issues of concern to companies is the cost of regulatory compliance. This is true in large measure because the complexity of the issues covered by those regulations keeps increasing

Published originally by the Journal of Commerce in December 2018

When the General Data Protection Regulations (“GDPR”) took effect on May 25, 2018, American companies found themselves in a quandary. The language of the regulations was sufficiently broad to initially conclude that even if a company had no presence or operation in Europe, it would