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Enforcement & Investigations

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On February 5, 2020, the US Trade Representative (USTR) published in the Federal Register a notice [Docket Number USTR-2020-0002] requesting comments on whether to extend particular exclusions granted in the $34 billion Action against certain products originating in China.  Effective July 6, 2018, the USTR imposed additional duties on goods of China with an annual trade value of approximately $34 billion as part of the action in the Section 301 investigation of China’s acts, policies,…

On 30 January 2020, the Swiss Federal Council announced the first successful pilot transaction under the proposed Swiss Humanitarian Trade Arrangement (SHTA), a payment mechanism designed to enable the delivery of humanitarian goods to Iran. The SHTA was developed by Switzerland since autumn 2018 with the cooperation of relevant US and Iranian authorities, along with selected Swiss and interested banks. Once finally agreed and implemented, it will become the first US OFAC-consented humanitarian trade arrangement, and will…

On 3 February 2020, the Cabinet of Ministers of Ukraine published its decision (Resolution of the Cabinet of Ministers of Ukraine No. 1180 dated 4 December 2019 “On Cancellation of the Special Sanctions Imposed under Article 37 of the Law ‘On Foreign Economic Activities’”),cancelling all special economic sanctions imposed by the Ministry of the Development of Economy, Trade and Agriculture of Ukraine (MEDT) before 7 February 2019. According to the media post from the Minister…

On February 4, 2020, US Customs and Border Protection (CBP) issued CSMS #41538917 – GUIDANCE: Decrease in Section 301 Duties on Certain Products of China; $300B-Action -Tranche 4A which states: On August 20, 2019, the United States Trade Representative (USTR) published a Modification of Section 301 Action in 84 FR 43304 introducing another imposition of additional tariffs on products of China with an annual trade value of approximately $300 billion which is referred to as Tranche 4.…

On February 4, 2020, US Customs and Border Protection (CBP) issued CSMS # 41538803 – GUIDANCE: Additional Duty on Imports of Derivative Aluminum and Steel Articles, excerpts of which are reproduced below: On January 29, 2020, the President issued Proclamation 9980 on Adjusting Imports of Derivative Aluminum Articles and Derivative Steel Articles into the United States under Section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862), providing for additional import…

On February 3, 2020, Enforcement and Compliance, International Trade Administration, Department of Commerce published in the Federal Register a final rule [Docket No. 200128–0035] that modifies 19 C.F.R. 351.502 and adds 19 C.F.R. 351.528 pertaining to the determination of benefit and specificity in countervailing duty proceedings. These modifications clarify how Commerce will determine the existence of a benefit when examining a subsidy resulting from currency undervaluation and clarify that companies in the traded goods sector…

On February 4, 2020, US Customs and Border Protection (CBP) and the Transportation Security Administration (TSA) published in the Federal Register a “Notification of Arrival Restrictions Applicable to Flights Carrying Persons Who Have Recently Traveled From or Were Otherwise Present Within the People’s Republic of China.” The document announces the decision of the Secretary of the Department of Homeland Security (DHS) to direct all flights to the United States carrying persons who have recently traveled…

On January 29, 2020, President Trump signed H.R. 5430, the “United States-Mexico-Canada Agreement Implementation Act,” which implements the United States-Mexico-Canada Agreement (USMCA). The USMCA is a revised and updated agreement to replace the North American Free Trade Agreement (NAFTA). The USMCA Implementation Act was approved on January 16, 2020, the in the US Senate by a vote of 89-10, sending it to the President. The House of Representatives had approved the bill on December 19,…

On January 24, 2020, President Trump issued a Proclamation on Adjusting Imports of Derivative Aluminum Articles and Derivative Steel Articles into the United States under section 232 of the Trade Expansion Act of 1962. Except as otherwise provided in the proclamation, all imports of derivative aluminum articles specified in Annex I to the proclamation shall be subject to an additional 10 percent ad valorem rate of duty, and all imports of derivative steel articles specified…

On January 24, 2020, 17 WTO members issued a statement agreeing to establish a temporary system for appealing WTO disputes. They reached an agreement during the recent World Economic Forum in Davos, Switzerland. The WTO members include Australia, Brazil, Canada, Chile, China, Colombia, Costa Rica, the European Union, Guatemala, South Korea, Mexico, New Zealand, Norway, Panama, Singapore, Switzerland and Uruguay. Canada and the EU had earlier established a separate interim appeals procedure. The statement indicated…