Author

Stuart P. Seidel

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On October 19, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice advising the public that, pursuant to delegated authority, the USTR is requiring the Chief Counsel for Advocacy of the Small Business Administration (SBA Advocacy) to delay submission of the report to Congress on the economic impacts on small businesses of the United States-Kenya trade agreement until negotiations conclude. The Trade Facilitation and Trade Enforcement Act…

On October 19, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register an invitation for applicants [Docket Number USTR-2020-0039] for a roster of individuals to serve on binational panels convened to review final determinations in antidumping or countervailing duty (AD/CVD) proceedings and amendments to AD/CVD statutes of a USMCA Party. The United States annually renews its selections for the roster. The USTR invites applications from eligible individuals wishing to…

On October 16, 2020, CBP issued CSMS #44451479 – GUIDANCE: Section 301 Tranche 1 – $34B Action Extension of Product Exclusions from China, which is reproduced in pertinent part below: Background On October 5, 2020, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 85 FR 62782 to extend through December 31, 2020 certain product exclusions previously covered by the October 2, 2019 notice (see 84 FR 52567) for Section 301 duties on China (Tranche 1 – $34B Action). This product…

On October 16, 2020, the Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS), published in the Federal Register a notice that announces the issuance of an Order suspending the right to introduce certain persons into the United States from countries where a quarantinable communicable disease exists. This Order is based on the CDC Director’s determination that introduction of aliens, regardless of their country of origin, migrating through Canada and…

On October 15, 2020, US Customs and Border Protection issued CSMS #44437979 – GUIDANCE: Caribbean Basin Trade Partnership Act (CBPTA) Renewal with Procedures for Retroactive Duty Refunds., which is reproduced below: The purpose of this guidance is to inform the Trade of the renewal of the Caribbean Basin Trade Partnership Act (CBTPA) and to provide information on the procedures for requesting a refund of duties paid during the lapse. CBTPA Renewed On Saturday, October 10,…

On 13 October 2020, a WTO arbitrator issued its decision on the level of countermeasures the European Union may request with respect to 16-year old dispute with the United States involving subsidies to Boeing in “United States — Measures Affecting Trade in Large Civil Aircraft — Second Complaint” (DS353). The United States had previously won a parallel case involving European subsidies to Airbus and assessed tariffs against European goods worth approximately USD 7.4 Bn. In…

On October 10, 2020, President Trump issued a Proclamation increasing the safeguard tariff on Crystalline Silicon Photovoltaic (CSPV) Cells. The Proclamation adjusts the duty rate of the safeguard tariff for the fourth year of the safeguard measure to 18 percent to account for the exclusion of bifacial panels from application of the safeguard tariffs, which the President said has impaired the effectiveness of the 4-year action. The proclamation eliminates the exemption for bifacial panels [currently…

On October 10, 2020, the President signed into law H.R. 991 the “Extension of the Caribbean Basin Economic Recovery Act,” which provides preferential duty treatment of some apparel items imported from certain Caribbean countries. The Act extends the CBERA for 10 years, and is retroactive to September 30, when the underlying legislation expired. In a press release background section, the US Trade Representative (USTR) said that CBERA was launched in 1983 to facilitate economic development…

On 9 October 2020, the WTO announced the second round of formal negotiations for a multilateral agreement on investment facilitation for development, held on 8-9 October 2020, showed a high level of engagement by participating members who found significant common ground to advance in line with the agreed agenda. Participating members — currently 105 — engaged in a constructive discussion with a view to achieving a concrete outcome by the 12th WTO Ministerial Conference (MC12)…

On October 13, 2020, the Treasury Department published in the Federal Register a current list of countries which require or may require participation in, or cooperation with, an international boycott (within the meaning of section 999(b)(3) of the Internal Revenue Code of 1986). On the basis of the best information currently available to the Department of the Treasury, the following countries require or may require participation in, or cooperation with, an international boycott: Iraq, Kuwait,…