President Donald Trump's recent expansion of Section 232 steel and aluminum tariffs likely would survive a judicial challenge, particularly in light of the string of cases challenging the Section 232 duties imposed during his first term, trade lawyers told us. Thomas Beline, partner at Cassidy Levy, said Trump's move to eliminate the country-specific arrangements and product exclusions is "likely defensible," since the statute lets the president take any action he deems necessary where an agreement is "not being carried out or is ineffective."
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The Commerce Department failed to investigate subsidies received by cross-owned suppliers of fresh shrimp in the countervailing duty investigation on frozen warmwater shrimp from Ecuador, petitioner American Shrimp Processors Association argued in a Feb. 21 complaint at the Court of International Trade. The association also contested Commerce's findings that the provision of fuel and brackish water for less than adequate remuneration were not countervailable (American Shrimp Processors Association v. United States, CIT # 25-00026).
A Vietnamese shrimp exporter trade group challenged the International Trade Commission's finding that frozen warmwater shrimp from Ecuador, India, Indonesia and Vietnam injured the U.S. industry. Filing a complaint on Feb. 21, the group challenged the ITC's finding of significant price underselling and on the "interchangeability between" farm-raised and wild-caught shrimp as evidence of the "degree of competition between" imports and domestic production and the "consequent effect on prices" (Shrimp Committee of the Vietnam Association of Seafood Exporters and Producers v. United States, CIT # 25-00032).
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National Customs Brokers & Forwarders Association of America Annual Conference, Phoenix➠
7
Apr
Oral Argument -- Guizhou Tyre Co. v. U.S., Fed. Cir. #'s 23-2163, -2165
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Oral Argument -- China Manufacturers Alliance v. U.S., Fed. Cir. # 23-2391
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Oral Argument -- Gujarat Fluorochemicals v. U.S., Fed. Cir. # 24-1268
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CBP Trade Facilitation and Cargo Security Summit, New Orleans➠
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American Association of Exporters and Importers Annual Conference, Washington➠
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Coalition of New England Companies for Trade (CONECT) Northeast Trade and Transportation Conference, Newport, R.I.➠
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February 24, 2025
2 Commerce Attorneys Depart Agency
Two Commerce Department attorneys, Chris Kimura and Hendricks Valenzuela, have left Commerce in recent days, they both confirmed to Trade Law Daily. Kimura left to join Blank Rome as an associate, according to his LinkedIn page. The pair join former Commerce attorney Savannah Maxwell, who also is leaving the agency to join the private sector (see 2502100007).
Trump Taps Former NSC Lawyer to Lead DOJ Nat'l Security Division
John Eisenberg, former legal adviser to the National Security Council who served during the first Trump administration, is President Donald Trump's pick to lead DOJ’s National Security Division, DOJ announced last week. Eisenberg also previously held several roles within DOJ, including in the office of the deputy attorney general. If confirmed, Eisenberg will oversee the division that prosecutes various export control, sanctions, foreign investment and other national security-related violations.
Former White & Case National Security Partner Joins Clifford Chance
Karalyn Mildorf, a former partner at White & Case, has joined Clifford Chance to work on international trade and national security issues, the firm announced. Mildorf's practice centers on Committee on Foreign Investment in the U.S. matters, compliance with the U.S. outbound investment security program, and more, the firm said.
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