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Export Administration Regulations

The Export Administration Regulations (EAR) are the regulations governing the export, re-export and transfer of dual-use goods and technologies. It is administered by the Commerce Department's Bureau of Industry and Security (BIS). Goods and technologies covered by EAR export controls are listed in the Commerce Control List (CCL).

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Trade Court Upholds Section 301 Tariff Action Over APA Compliance Concerns
March 20, 2023 by Jacob Kopnick|Top News

The Office of the U.S. Trade Representative complied with Administrative Procedure Act requirements when it set lists 3 and 4A Section 301 tariffs on China, the Court of International Trade held in a much-anticipated opinion on March 17. After USTR provided more explanation of its tariff decisions on remand, judges Mark Barnett, Claire Kelly and Jennifer Choe-Groves held that the explanations were not made impermissibly post hoc and cleared APA requirements.

Topics:Court of International Trade activity, Country of origin cases, Harmonized Tariff Schedule, Section 301 tariffs
CIT Upholds USTR's Section 301 Tariff Action
March 17, 2023 |Bulletin

The Court of International Trade upheld the U.S. Trade Representative's Lists 3 and 4A tariff action under Section 301 on China in a widely-anticipated decision on March 17. After the tariffs were previously sent back over concerns of compliance with the Administrative Procedures Act, the USTR offered further explanations of its tariff decisions. Judges Mark Barnet, Claire Kelly and Jennifer Choe-Groves held that these explanations were not made impermissibly post hoc and cleared APA requirements.

Topics:Court of International Trade activity, Country of origin cases, Section 301 tariffs
CIT Judge Questions Why Constitutional Claims at Trade Court Can't Be Appealed to SCOTUS
March 10, 2023 by Jacob Kopnick|Courts

Judge Stephen Vaden of the Court of International Trade said he did not understand why CIT cases involving presidential decisions or constitutional claims are not allowed direct appeals to the Supreme Court. Speaking March 8 on the "Original Jurisdiction" podcast, Vaden detailed the way constitutional claims are heard at CIT and explained how they are different from other federal courts.

Topics:Court of International Trade activity, Country of origin cases