American Trade & Manufacturing Blog

Timothy C. Brightbill

Timothy C. Brightbill

Tim Brightbill represents clients on all aspects of international trade law and policy including import trade remedies (such as antidumping and countervailing duty law), WTO matters, trade policy and negotiations, and international e-commerce issues. He is an adjunct professor at Georgetown Law and vice chair of the Industry Trade Advisory Committee on Services. As lead counsel to SolarWorld Industries America, Inc., Tim has unique experience in the renewable energy industries.

 
tbrightbill@wileyrein.com

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USTR Releases 2017 National Trade Estimate Report

Posted in Manufacturing, Trade Agreement Compliance, Trade Negotiations, Trade Policy
The Office of the U.S. Trade Representative (USTR) today released its 2017 National Trade Estimate Report on Foreign Trade Barriers (NTE).  USTR publishes the NTE annually to provide the President and Congress with “an inventory of the most important foreign barriers affecting U.S. exports of goods and services, foreign direct investment by U.S. Persons, and… Continue Reading

ITC begins digital trade investigations as AEI calls for removal of Chinese digital trade barriers

Posted in Trade Policy, World Trade Organization
The U.S. International Trade Commission (ITC) is beginning a comprehensive three-part investigation into digital trade and the impact of digital trade barriers, just as the American Enterprise Institute (AEI) has released a new study calling for a World Trade Organization (WTO) case to be filed against China’s barriers to digital trade and e-commerce. The ITC… Continue Reading

CBP to Publish New Regulations on Evasion of Antidumping and Countervailing Duties

Posted in Announcements, Antidumping, Customs Law, Dumping and Subsidies, Trade Remedies
New Regulations Allow for Investigation of Duty Evasion U.S. Customs and Border Protection (CBP) released interim final regulations setting up a new procedure for investigating evasion of antidumping (AD) and countervailing duties (CVD).  The interim regulations, which are subject to public comment, put into place important provisions of the “Enforce and Protect Act of 2015,”… Continue Reading

WTO Panel Strikes Down India’s Domestic Content Requirements on Solar Cells and Modules

Posted in Manufacturing, Trade Agreement Compliance, Trade Negotiations, World Trade Organization
A World Trade Organization Panel today issued a report finding that Indian domestic content requirements covering solar cells and modules used by solar power generators violate Article III:4 of the General Agreement on Tariffs and Trade (GATT) and Article 2.1 of the Agreement on Trade-Related Investment Measures. This is a notable victory for the United… Continue Reading

Evaluating the Trans-Pacific Partnership Trade Agreement

Posted in TPA, TPP, Trade Negotiations, Trade Policy
The Trans-Pacific Partnership (TPP) free trade agreement has been available for more than a month now. While analysts are still sorting through the 30 chapters and more than 100 side letters, many are now weighing in with assessments of the agreement, including whether U.S. industries–and the public–will benefit or lose as a result. For instance,… Continue Reading

Congress Moves Forward on ENFORCE Trade Evasion Legislation

Posted in Dumping and Subsidies, Manufacturing, Trade Agreement Compliance, Trade Policy, Uncategorized, World Trade Organization
  Congress took an important step toward strengthening U.S. trade law enforcement by moving forward a conference report on the Trade Facilitation and Trade Enforcement Act of 2015 (H.R. 644), which includes the Enforcing Orders and Reducing Customs Evasion (ENFORCE) Act. ENFORCE addresses the serious and growing problem of evasion of antidumping and countervailing duties.… Continue Reading

United States Concludes 12-Nation Trans-Pacific Partnership Trade Agreement

Posted in TPP, Uncategorized
After eight years of negotiations, the United States and 11 other nations concluded the Trans-Pacific Partnership (TPP) trade agreement on Monday in Atlanta. The 12 nations announced their agreement at a press conference hosted by U.S. Trade Representative Michael Froman on Monday morning. The agreement is the largest ever free trade agreement, covering approximately 40… Continue Reading

Treatment of China as a Non-Market Economy Country After 2016

Posted in Antidumping, World Trade Organization
When China joined the World Trade Organization (WTO) in 2001, there was general agreement that because of the Chinese government’s pervasive control over prices, it would be unrealistic to require other WTO members to use Chinese prices and costs in antidumping investigations of Chinese imports. This agreement was embodied in Section 15 of China’s Protocol… Continue Reading

U.S. Trade Representative Asks for Data on Global and Telecom Trade Barriers for Annual Reports

Posted in Announcements, Dumping and Subsidies, Manufacturing, Trade Agreement Compliance, Trade Policy
The Office of the U.S. Trade Representative (USTR) is seeking input from companies and industry on trade barriers from around the world, in preparation for its annual National Trade Estimate (“NTE”) Report on Foreign Trade Barriers as well as a more focused report on violations of telecommunications trade agreements. USTR announced its request in an… Continue Reading

As Chief Negotiators Meet, Assessing TPP and Other Free Trade Agreements

Posted in TPA, TPP, Trade Negotiations, Trade Policy
With chief negotiators for 12 nations meeting in Hawaii this week to try and finalize the Trans-Pacific Partnership (TPP) agreement, trade experts and lawmakers are watching to see if the largest-ever U.S. free trade agreement will be concluded. But a more important question will remain—is TPP a good free trade agreement (FTA)? Free trade agreements… Continue Reading

President Obama Signs Into Law Trade Promotion Authority, Including Significant New Changes to Strengthen U.S. Trade Remedy Laws

Posted in TPA, TPP, Trade Negotiations, Trade Policy, Trade Remedies
Today, June 29, 2015, President Obama signed into law trade promotion authority (TPA), giving his administration the ability to negotiate international trade agreements subject to approval by Congress without amendment.  This is the first time TPA, which last expired in 2007, has been approved for the Obama Administration. The White House announcement is here. Today’s… Continue Reading

United States Asks WTO to Examine “Pervasive” AD/CVD Duty Evasion

Posted in Dumping and Subsidies, Manufacturing, TPA, TPP, Trade Agreement Compliance, Trade Policy, Uncategorized, World Trade Organization
The United States took another step this week to turn up the heat on companies who evade antidumping and countervailing duties, by asking a World Trade Organization committee to investigate the growing problem of antidumping duty “evasion services.” In a March 16 submission to the WTO Committee on Anti-Dumping Practices Informal Group on Anti-Circumvention, the… Continue Reading

Using Stronger Trade Laws to Build Support for TPA, TPP

Posted in Dumping and Subsidies, TPA, TPP, Trade Agreement Compliance, Trade Negotiations, Trade Policy, World Trade Organization
The Obama Administration and Congress have what many experts view as a critically important opportunity to create jobs, expand trade and manufacturing, and improve the global rules of international trade.  This opportunity comes by way of the Trans-Pacific Partnership (TPP) free trade negotiations, which are now drawing to a close.  If approved, TPP would be… Continue Reading

Part 1: U.S.-China Economic and Security Review Commission Annual Report Analysis

Posted in Dumping and Subsidies, Manufacturing, Trade Agreement Compliance, Trade Policy, Trade Remedies
U.S.-China Economic and Security Review Commission Calls for Action Against Chinese State-Owned Enterprises and Unfair Trade Practices The U.S.-China Economic and Security Review Commission released its annual report on November 20, emphasizing the need for Congress, the Commerce Department, and other U.S. Government agencies to help U.S. firms affected by China’s “anticompetitive” actions and policies.… Continue Reading

WTO Dispute Resolution – Twenty Years Old, and an “Unprecedented Increase” in Disputes

Posted in World Trade Organization
The World Trade Organization (WTO) dispute settlement process, now 20 years old, is busier than ever.   At the Dispute Settlement Body’s (DSB) meeting on August 29, WTO Members reviewed the status of six ongoing disputes, which demonstrate the growth – and growing complexity – of dispute resolution.… Continue Reading
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