FCC Industry Analysis

ESMA Final Draft RTS on Clearing Thresholds Under EMIR 3

The European Securities and Markets Authority (ESMA) has published its final report with draft regulatory technical standards (RTS) amending the clearing threshold regime under EMIR 3. The changes shift the focus from ETD vs OTC to uncleared OTC transactions, with revised thresholds for various derivative classes.

Importers Can Preserve Rights for IEEPA Tariff Refunds

Following a Supreme Court ruling that the International Emergency Economic Powers Act (IEEPA) does not authorize presidential tariffs, importers can take steps to preserve their rights for refunds of paid duties. The US Court of International Trade is expected to address remedies soon, and importers have options including post summary corrections, protests, or lawsuits.

CIT Orders Refunds of IEEPA Tariffs on Unliquidated Entries

The Court of International Trade (CIT) has ordered U.S. Customs and Border Protection (CBP) to refund tariffs collected under the International Emergency Economic Powers Act (IEEPA) on unliquidated and not finally liquidated entries. This ruling benefits all importers who paid these tariffs.

Mideast War Disrupts LNG Contracts and Raises Supply Security Questions

The escalating conflict in the Middle East has disrupted LNG contracts, particularly due to the de facto closure of the Strait of Hormuz and attacks on Qatari facilities. This has led to record-high spot prices and is raising urgent questions about supply security and contractual performance for energy companies.

USITC Investigates Chinese Biotech State Support and Pricing

The U.S. International Trade Commission (USITC) has launched an investigation into Chinese state support and pricing practices within the biotechnology sector. The investigation aims to assess the impact on U.S. industry competitiveness and market share, with a report due by January 2027.

Court Orders Customs to Refund IEEPA Duties to Importers

The Court of International Trade has ordered U.S. Customs and Border Protection (CBP) to refund International Emergency Economic Powers Act (IEEPA) duties to all importers. CBP must liquidate unliquidated entries and reliquidate final entries without these duties.

Supreme Court Rules IEEPA Lacks Authority for Reciprocal Tariffs

The Supreme Court ruled in Learning Resources, Inc. v. Trump that the International Emergency Economic Powers Act (IEEPA) does not grant the President authority to impose reciprocal tariffs. This decision impacts an estimated $175 billion in collected tariff revenues, raising questions about potential refunds.

Supreme Court Invalidates Tariffs Imposed Under IEEPA

The U.S. Supreme Court ruled that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs, invalidating recent "reciprocal" tariffs and fentanyl-related country measures. The decision will reshape the tariff landscape, with the Court of International Trade and U.S. Customs and Border Protection expected to establish refund procedures for duties paid.

COINS Act Codifies Outbound Investment Security Program

The 2025 COINS Act, signed into law on December 18, 2025, codifies the Outbound Investment Security Program (OISP). While it does not immediately alter existing regulations, it mandates substantive changes to the OISP's scope, with new Treasury Department regulations due by March 2027.

Horizon Sustainability Law News Bulletin - February 2026

DLA Piper's February 2026 sustainability law bulletin covers legislative and policy developments. Key updates include California's CARB hearing on SB 253 and SB 261 regulations, discussing proposed fees, penalties, and potential exemptions for insurers.