The Month in International Trade - May 2025

Crowell’s International Trade Group Attains Leading Rankings in Chambers USA 2025

Crowell International Trade Group Co-Chair Nicole Simonian Short Listed for 2025 Women in Business Law Americas Awards

Top Trade Developments

• Update on Parallel Federal Court Cases Enjoining IEEPA
• District Court Denies Motion to Move Venue, Grants Preliminary Injunction
• U.S. Departments of State and Treasury Issue Immediate Sanctions Relief for Syria
• Court of International Trade Blocks IEEPA Tariffs
• U.S. Department of Commerce Rescinds Biden Administration’s AI Diffusion Export Control Rule and Issues New Guidance on Huawei, Chips for AI Purposes, and Diligence Expectations
• Commerce Calls for Public Comments on Targeted Dumping Analysis
• DOJ Reprioritizes Corporate Enforcement with Key Policy Revisions
• EU Retaliatory Trade Measures Against the U.S. – Public Consultation
• U.S. Department of the Treasury to Establish Fast Track CFIUS Process for Foreign Investors
• DOJ Declines Prosecution of Company for Employee’s Unlawful Export

Crowell Podcasts

Crowell Speaks

This news bulletin is provided by the International Trade Group of Crowell & Moring. If you have questions or need assistance on trade law matters, please contact Anand Sithian or Simeon Yerokun or any member of the International Trade Group.

Crowell’s International Trade Group Attains Leading Rankings in Chambers USA 2025

We are proud that our International Trade Practice is again ranked in Chambers USA, with three national practice area rankings and five ranked lawyers for 2025!

• International Trade: Customs – Nationwide*
• International Trade: Export Controls and Economic Sanctions: The Elite – Nationwide
• International Trade: Intellectual Property (Section 337) – Nationwide
• Partner John B. Brew– International Trade: Customs – Nationwide*
• Partner David Stepp– International Trade: Customs – Nationwide
• Partner Jeffrey L. Snyder– International Trade: Export Controls and Economic Sanctions – Nationwide*
• Partner Dj Wolff– International Trade: Export Controls and Economic Sanctions – Nationwide
• Partner Kathryn L. Clune– International Trade: Intellectual Property (Section 337) – Nationwide

*Indicates first or second tier ranking

A hearty congratulations to all for these notable achievements!

For more information on Crowell’s overall rankings across practices, please take a look at the firm-wide announcement.

Crowell International Trade Group Co-Chair Nicole Simonian Short Listed for 2025 Women in Business Law Americas Awards

We are pleased to announce that our very own Nicole Simonian has been shortlisted for the 2025 North America International Trade Lawyer of the Year award. The shortlist “[honors] the exceptional achievements of women in the legal profession and the firms that support them across the Americas.” Winners will be announced at the Women in Business Law Americas Awards Ceremony on Tuesday, June 17, 2025.

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Top Trade Developments

Update on Parallel Federal Court Cases Enjoining IEEPA

The Court of International Trade (“CIT”) and the District Court for the District of Columbia (“DDC”) both issued decisions enjoining the Trump IEEPA tariffs.  In both venues, the government appealed the courts’ decisions, and both orders are currently stayed. The DDC stayed its own preliminary injunction pending appeal; the U.S. Court of Appeals for the Federal Circuit issued an administrative stay of the CIT order which will remain in effect until the court rules on the government’s motion to stay pending appeal. Briefing on that motion will be complete on June 9, 2025, after which the Federal Circuit is likely to rule quickly on whether the CIT’s injunction will remain paused or take effect.  In the short term, this means that importers must still pay tariffs on their imports; in the long term, importers are advised to keep records of their imports and duties paid in the event that courts rule that the tariffs are unlawful and order that refunds be issued. 

Click here to continue reading the full version of this article.

For more information, contact: John Brew, Daniel W. Wolff, Sibilla Grenon

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District Court Denies Motion to Move Venue, Grants Preliminary Injunction

On May 29, a day after the U.S. Court of International Trade (“CIT”) issued summary judgment in V.O.S. v. Trump blocking the IEEPA tariffs, the District Court for the District of Columbia (“DDC”) exercised jurisdiction in Learning Resources, Inc., et. al., v. Donald J. Trump, et. al. (25-cv-1248), denying the government’s motion to transfer the case to the CIT and granting a preliminary injunction to enjoin the government from enforcing the IEEPA tariffs against the Learning Resources plaintiffs.

Click here to continue reading the full version of this article.

For more information, contact: Daniel W. Wolff, Sibilla Grenon, Emily Devereaux

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U.S. Departments of State and Treasury Issue Immediate Sanctions Relief for Syria

On May 23, 2025, the U.S. Departments of State (“State”) and the Treasury (“Treasury”) took actions that resulted in immediate sanctions relief for Syria. Specifically, Treasury’s Office of Foreign Assets Control (“OFAC”) issued General License 25 (“GL 25”) pursuant to the Syrian Sanctions Regulations (“SySR”), the Weapons of Mass Destruction Proliferators Sanctions Regulations (“NPWMD”), the Iranian Financial Sanctions Regulations (“IFSR”), the Global Terrorism Sanctions Regulations (“GTSR”), and the Foreign Terrorist Organization Sanctions Regulations (“FTOSR”). In parallel, Treasury’s Financial Crimes Enforcement Network (“FinCEN”) and State took supporting actions outlined in this alert.

Click here to continue reading the full version of this alert.

For more information, contact: Dj Wolff, Erik Woodhouse, Carlton Greene, Clif Burns, Jeremy Iloulian, Dilan Wickrema

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Court of International Trade Blocks IEEPA Tariffs

On May 28, 2025, the Court of International Trade granted summary judgment in V.O.S. Selections, Inc. et al v. Donald J. Trump Case No. 25-cv-66, ordering that all the executive orders imposing tariffs on the basis of IEEPA (Executive Order 14193, Executive Order 14194, Executive Order 14195, Executive Order 14257), were declared to be invalid as contrary to law.  The operation of the tariff orders is permanently enjoined and the Court ordered that administrative orders to effectuate the permanent injunction shall be issued within 10 calendar days.

Click here to continue reading the full version of this article.

For more information, contact: John Brew, Daniel W. Wolff, Sibilla Grenon

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U.S. Department of Commerce Rescinds Biden Administration’s AI Diffusion Export Control Rule and Issues New Guidance on Huawei, Chips for AI Purposes, and Diligence Expectations

On May 13, 2025, the Department of Commerce’s Bureau of Industry and Security (BIS) formally rescinded the Framework for Artificial Intelligence Diffusion interim final rule published by the Biden Administration, on the basis that it stifled innovation, was overly complex, and undermined U.S. diplomatic relations.

BIS also issued three new guidance documents that:

1. Clarify Huawei’s Ascend 910B, 910C, and 910D (and likely other comparable Chinese chips) are prohibited for all persons (U.S. and non-U.S.) to use, sell, export, or finance, among other restrictions;
2. Emphasize end-use controls on the export, reexport, or transfer of advanced computing ICs and commodities subject to the EAR, and on U.S. persons providing support for training AI models for, when there is “knowledge” that the AI model will be used for Chinese, Russian, and other U.S. arms embargoed country companies; and
3. Describe red flags exporters should identify and new diligence expectations when exporting chips for the AI sector.

Click here to continue reading the full version of this alert.

For more information, contact: Jeff Snyder, Jeremy Iloulian, Chandler Leonard, Dilan Wickrema

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Commerce Calls for Public Comments on Targeted Dumping Analysis

The U.S. Department of Commerce is seeking information and public comments regarding its use of the Cohen’s d test in assessing targeted dumping. Targeted dumping refers to the practice of selling goods at prices that differ significantly among particular purchasers, regions, or time periods. Under section 777A(d)(1)(B)(i) of the Tariff Act of 1930, as amended, Commerce may apply the average-to-transaction comparison method if it identifies such a pattern and determines that the standard comparison methods cannot account for these differences.

Click here to continue reading the full version of this article.

For more information, contact: Pierce Lee, Ivy Xun

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DOJ Reprioritizes Corporate Enforcement with Key Policy Revisions

In a May 12, 2025, speech that signaled both a recalibration of and recommitment to prosecuting white-collar crime, Matthew R. Galeotti, the newly appointed Head of the Department of Justice’s Criminal Division, said that the Division is “turning a new page” and embracing an enforcement approach that aims to elevate efficiency, predictability, and fairness. The changes he outlined aim to incentivize self-reporting, narrow corporate monitorships, and refocus whistleblowers.

Click here to continue reading the full version of this alert.

For more information, contact: Thomas Hanusik, Alexander Kramer, Nimi Aviad, Carlton Greene, Anand Sithian, Jeff Severson, Samuel Blackington, Rachel Bogin

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EU Retaliatory Trade Measures Against the U.S. – Public Consultation

On 8 May 2025, the European Commission published new lists of products potentially subject to EU rebalancing measures in retaliation to U.S. tariffs. These proposed measures include export restrictions and additional import customs duties. They would apply if the EU-U.S. trade negotiations fail and are designed to stand alongside the previously adopted EU countermeasures which are currently suspended until 14 July 2025.

Click here to continue reading the full version of this alert.

For more information, contact: Vassilis Akritidis, Jean-Baptiste Blancardi

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U.S. Department of the Treasury to Establish Fast Track CFIUS Process for Foreign Investors

On May 8, 2025, the U.S. Department of the Treasury (Treasury) announced that it will establish a fast track review process to facilitate greater investment in the United States from ally and partner sources.  Specifically, Treasury stated that the new fast track Committee on Foreign Investment in the United States (CFIUS) review process will include the launch of a “Known Investor” portal through which the CFIUS can collect information from foreign investors in advance of a filing.  Treasury noted that it will first implement the portal as a pilot program.

Click here to continue reading the full version of this article.

For more information, contact: Caroline Brown, Dilan Wickrema

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DOJ Declines Prosecution of Company for Employee’s Unlawful Export

On April 30, 2025, the U.S. Department of Justice (DOJ) announced it would not prosecute the Universities Space Research Association (USRA) for alleged violations of the Export Administration Regulations (EAR). This marks the DOJ’s second declination in the last twelve months under the National Security Division’s (NSD) Enforcement Policy for Business Organizations (NSD VSD Policy), and the first since the Trump Administration came into office. This decision by DOJ underscores the importance of proactive corporate compliance measures.

Click here to continue reading the full version of this article.

For more information, contact: Jeff Snyder, Michael Atkinson, Anand Sithian, Jeremy Iloulian, Heather Sanborn

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Crowell Podcasts

Global Trade Talks: Tariffs-IEEPA Litigation Update

June 6, 2025

Continuing to focus on the Trump Administration tariffs, in this session, Crowell hosts Nicole Simonian and Dj Wolff, Co-Chairs of the International Trade Group, talk with Daniel Wolff, Crowell’s Litigation and Trial partner, as they review and consider the impact of the Court of International Trade's recent decision on the tariffs imposed pursuant to the International Emergency Economic Powers Act (IEEPA). Global Trade Talks is a podcast that shares brief perspectives on key global issues on international trade, current events, business, law, and public policy as they impact our lives.

Click below to listen:

PodBean | SoundCloud | Apple Podcasts

Global Trade Talks: Tariff Relief: Update on the U.S. – China Tariffs 

May 15, 2025

Considering the impact of U.S. – China tariffs on our economy and the global supply chain, Nicole Simonian and Dj Wolff, Co-Chairs of the International Trade Group, talk with Alex Schaefer, International Trade partner, as he helps us understand the details and impact of the recent U.S. – China tariffs deal, as well as what is on the horizon. Global Trade Talks is a podcast that shares brief perspectives on key global issues on international trade, current events, business, law, and public policy as they impact our lives.

Click below to listen:

PodBean | SoundCloud | Apple Podcasts

Global Trade Talks: Newly Announced Section 232 Investigation into Commercial Aircraft and Parts

May 14, 2025

With so much fast-moving activity on the tariffs front, Crowell hosts Nicole Simonian and Dj Wolff continue their conversation with Crowell attorney Dan Cannistra in this episode discusses the newly announced Section 232 Investigation focusing on commercial aircraft and parts, including a summary review of 232 investigations, why this one came as a surprise, how it fits in with other current Section 232 investigations, and how it may impact the industry. Global Trade Talks is a podcast that shares brief perspectives on key global issues on international trade, current events, business, law, and public policy as they impact our lives.

Click below to listen:

PodBean | SoundCloud | Apple Podcasts

Global Trade Talks: Automotive Tariffs

May 9, 2025

Crowell hosts Nicole Simonian and Dj Wolff continue their conversation with Dan Cannistra on the Trump Administration tariffs. This session focuses on recent modifications to the automotive/auto parts tariffs, including discussion about the impact of the recent Executive Order “Addressing Certain Tariffs on Imported Articles” and other related guidance. Global Trade Talks is a podcast that shares brief perspectives on key global issues on international trade, current events, business, law, and public policy as they impact our lives.

Click below to listen:

PodBean | SoundCloud | Apple Podcasts

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Crowell Speaks

“The Weakest Link: Navigating Third-Party and Supply Chain Risk,” ACSS New York Chapter, New York (June 12, 2025). Speaker: Anand Sithian 

“The New Face of AML & Sanctions,” New York City Global AML & Sanctions Symposium, New York (June 5, 2025). Speaker: Dj Wolff

“Trump 2.0’s Sanctions Policy in Practice: Former U.S. Government Officials and Industry Leaders Discuss the New Compliance Realities,” European Forum on Global Economic Sanctions, Berlin (June 5, 2025). Speaker: Erik Woodhouse 

“Navigating Tariffs and Ensuring Compliance Through Proper Classification and Origin Determinations: HTS Classification and Country of Origin Essentials and Grey Areas,” ACI’s Virtual Passport to Proficiency on U.S. Customs Compliance, Webinar (June 4, 2025). Speaker: John Brew

“Navigating Tariffs,” Giga USA 2025, Washington DC (June 4, 2025). Speaker: Zhiwei Chen

Antitrust Risks in A Trade War, Webinar (June 4, 2025). Speakers: Stefan M. Meisner, Luke van Houwelingen, and Eric Fanchiang

Roundtable - Navigating U.S. & EU Sanctions and De-mystifying U.S. Tariffs for European Companies, Brussels (June 2, 2025). Speakers: Erik Woodhouse and Vassilis Akritidis

Trump’s tariffs reinstated by appeals court
May 30, 2025 – San Diego Scripps
Related Professional: David Stepp 

News Interview on the Court of International Trade (CIT) Ruling on Tariffs and Subsequent Stay by the Federal Appellate Court
May 29, 2025 – CTV News Canada
Related Professionals: Monica Gorman

Navigating U.S.-China Tariffs, Wolters Kluwer, Webinar (May 28, 2025). Speaker: Zhiwei Chen

Navigating Agency and Congressional Investigations for Federal Funding Recipients Webinar, Webinar (May 22, 2025). Speaker: Caroline Brown

Institute for Financial Integrity’s (IFI) Sanctions & Export Controls Masterclass: Adapting to a Changing Regulatory Landscape, Webinar (May 21, 2025). Speaker: Dj Wolff

“Trade Risk to US Digital Infrastructure and AI Development,” Digital Infrastructure Policy & Investment Leadership Sumit, Gaylord National Resort Convention Center, National Harbor, Maryland (May 5, 2025). Speaker: Nigel Cory

Prioritize Resilience Over Costs to Weather Trade Uncertainty
May 2, 2025 – Bloomberg Law
Related Professional: Monica Gorman 

19^thAnnual Flagship Economic Sanctions Enforcement and Compliance, The National Press Club, Washington, DC (May 1, 2025). Speaker: Erik Woodhouse 

“Adapting to Today’s International Legal Challenges: A New Era?”, 2025 ILS Annual Conference, New York (April 28 - May 1, 2025). Speakers: David Stepp, Jackson Pai, and Jeremy Iloulian