Adhering to international trade law requires businesses to remain vigilant and stay abreast of crucial developments. This is why the International Trade Practice at Wiley has prepared the following videos to highlight the 10 issues we believe will have an impact on international trade in 2024. If you have any questions about a particular topic, we encourage you to connect with the partner featured in the video.


1. China

New legislation (Leveling the Playing Field 2.0 Act) and U.S. Department of Commerce regulations are likely to address China’s distortive and unfair trade practices more strategically in a variety of industries and sectors. Forced labor enforcement efforts also remain a priority.
Timothy C. Brightbill


2. U.S.-EU Global Arrangement

A Global Arrangement on steel and aluminum to address emissions and non-market-economy capacity is under consideration and will also be affected by the EU’s Carbon Border Adjustment Mechanism.
Robert E. DeFrancesco, III



3. Heightened Sanctions and Export Control Enforcement

Along with engaging in closer cooperation with partner countries, the U.S. is prioritizing prosecuting evasion efforts and other violations. Whistleblowers are incentivized and higher fines may be imposed on those violating U.S. rules.
Lori E. Scheetz


4. Domestic Content/Buy America Requirements

Recent legislation, including the Infrastructure Investment and Jobs Act (IIJA) and the IRA, modified and expanded “Buy America” requirements, adding complexity and compliance hurdles for suppliers to federally funded infrastructure projects.
Christopher B. Weld



5. The CHIPS Act and Inflation Reduction Act (IRA)

These two laws provide billions of dollars for new infrastructure. Some opportunities are limited to “free trade agreement countries.” The U.S. does not have a free trade agreement with the EU, Japan, or the UK, but has negotiated a critical minerals agreement to open prospects for these nations.

6. Evolution of Export Controls

Along with engaging in closer cooperation with partner countries, the U.S. is prioritizing its own national security interests as well, moving first in many respects.

7. Outbound Investments and CFIUS Review

Outbound foreign investments by U.S.-based companies in sensitive technologies may impact foreign companies from operating in the U.S. or doing business with U.S. companies. Mandatory filing requirements and high-profile transactions (i.e., TikTok) may trigger CFIUS review of inbound foreign investments.

8. Evasion and Circumvention

The U.S. Department of Commerce is closely investigating companies and industries that avoid AD/CVD duties by partially moving operations to third countries (circumvention) or by transshipment of goods (evasion). High-profile investigations are underway in a variety of sectors, including hardwood, plywood, cabinets, and solar panels.

9. Trade Remedy Cases

U.S. industries have filed a surge of antidumping (AD) and countervailing duty (CVD) petitions to address unfair and distortive trade practices. China is a frequent target of these cases, but unfair trade exists in many other countries as well. Successful trade cases depend on careful definition of scope, and thorough documenting of injury caused by dumped and subsidized imports.

10. Buy Clean

Recently launched Buy Clean programs and related projects prioritize the use of American-made, lower carbon construction materials in federal procurement and federally funded projects.

Contact Us

Alan H. Price
Partner
International Trade, Co‑Chair
202.719.3375
APrice@wiley.law

Timothy C. Brightbill
Partner
International Trade, Co‑Chair
202.719.3138
TBrightbill@wiley.law

Hon. Nazak Nikakhtar
Partner
National Security, Chair
202.719.3380
NNikakhtar@wiley.law

Jump to top of page

Necessary Cookies

Necessary cookies enable core functionality such as security, network management, and accessibility. You may disable these by changing your browser settings, but this may affect how the website functions.

Analytical Cookies

Analytical cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.