Two Minutes in Trade - Substantial Transformation: De-Energizing the Energizer Case

Published: March 18, 2022, 5:43 p.m.

The Energizer case focusing on an article’s pre-determined use when determining origin has vexed numerous importers trying to avoid China section 301 tariffs. The recent Cyber Power decision may indicate that the courts are willing to take a broader view on origin, more aligned with commercial reality.