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Trade and Foreign Investment

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In a landmark decision, the United States Court of International Trade (“CIT”) has ruled against the President’s imposition of tariffs under the International Emergency Economic Powers Act (“IEEPA”). The decision (involving two consolidated cases, V.O.S. Selections, Inc. et al. v. United States of America et al. and The State of Oregon et al. v. United States Department of Homeland Security et al.), is the first court decision on the Administration’s trade policy and the first…

President Trump issued a memorandum directing the US Trade Representative (“USTR”) and Secretary of Commerce to investigate alleged harm from non-reciprocal trade measures by trade partners and to issue recommendations based on their investigation.  The memorandum argues that a range of tariff and non-tariff measures maintained by various countries have contributed to unfair and unbalanced trade and harmed the United States.  Non-tariff measures specifically identified in the memorandum as being unfair and harmful to the United States include: The memorandum directs…

Background Discussions at the World Trade Organization (“WTO”) on key issues concerning the regulation of international trade are intensifying in the lead up to the 13th biennial meeting of the highest decision making organ of the organization — the Ministerial Conference — scheduled to take place from 26-29 February 2024 in Abu Dhabi (“MC13”). Several informal meetings are being held in Geneva to streamline the work programme for MC13. One such meeting, scheduled to take…