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Trade Remedies

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On August 13, 2019, the US Trade Representative (USTR)  announced the next steps on the proposed imposition of 10% additional duties on articles covered by List 4 (approximately $300 billion of Chinese imports).  Specifically, the announcement advised as follows: Certain other articles are being removed from the final list based on health, safety, national security and other factors and will not face the 10% tariffs;The remaining products contained in the May 17, 2019 list will…

On August 5, 2019, the US Trade Representative (USTR) posted an advance copy of a Federal Register notice announcing USTR’s determination to grant certain exclusion requests to the third list (the $200 Bn action) of Section 301 tariffs on products of China, as specified in the Annex to the notice. As with the first two lists, USTR will continue to issue decisions on pending requests on a periodic basis. The exclusions are retroactive to the…

On August 1, 2019, President Trump sent out a Tweet announcing that the United States would impose a 10% additional tariff (duty) on an additional $300 billion worth of Chinese products beginning on September 1, 2019. The action is being taken at this time, after the latest round of trade talks between China and the United States, because the President does not believe that China is living up to the commitments it made at the…

The US Trade Representative has now posted the first group of product exclusions for goods from China subject to the approximately $16Bn in tariffs imposed on August 23, 2018 (List 2) under Section 301. The Trade Representative will continue to issue decisions on pending requests on a periodic basis. The product exclusions announced in this notice will apply as of the August 23, 2018 effective date of the $16 billion action, and will extend for…

On July 9, 2019, the Office of the USTR published in the Federal Register a notice of product exclusions from the imposition of additional duties on goods of China with an annual trade value of approximately $34 billion (the $34 billion action) as part of the action in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. USTR initiated the exclusion process in July 2018, and…

Suppliers to the US Beware: Increased Compliance and Enforcement of Antidumping and Countervailing Duties US tariffs on steel, aluminum, solar panels, and numerous antidumping and countervailing duty (“AD/CVD”) orders on finished and raw input products have put exporters in a bind. On one hand, sourcing and supply chain decisions have become more complex and uncertain. On the other, opportunities have grown for companies in countries that are not subject to certain tariffs or that are…

On June 13, 2019, the Office of the US Trade Representative (USTR) published in the Federal Register a notice of product exclusions [Docket No. USTR–2018–0001] from the safeguard measure on imports of certain solar products imposed on January 23, 2018, by the President imposed pursuant to a Section 201 investigation. On February 14, 2018, USTR established a procedure to request product-specific exclusions from application of the safeguard measure. On September 19, 2018, USTR granted certain…

On May 31, 2019, USTR posted a notice stating that USTR will post a Federal Register notice that extends the amount of time certain goods exported from China have to enter the United States before they will be subject to an additional tariff increase from 10 percent to 25 percent. On June 10, 2019, USTR published the Federal Register notice extending the time for covered products that were exported from China to the United States…

On June 10, 2019, the Bureau of Industry and Security (BIS), US Department of Commerce, published in the Federal Register an interim final rule [Docket No. 180227217–8217–03] that changes the process for requesting exclusions from the duties and quantitative limitations on imports of aluminum and steel discussed in two Commerce interim final rules implementing the exclusion process authorized by the President as part of the action he took to adjust imports under Section 232 of…

On June 3, 2019, an advance copy of a Federal Register notice from the US Trade Representative (USTR) to be published on June 4, was made available for public inspection. The notice announces USTR’s determination to grant additional exclusion requests, as specified in the Annex to the notice. USTR will continue to issue decisions on pending requests on a periodic basis.