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Trade Remedies

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On April 5, 2021, a majority of a three-judge panel of the US Court of International Trade (CIT) held that President Trump issued Proclamation 9980, Adjusting Imports of Derivative Aluminum Articles and Derivative Steel Articles Into the United States (85 Fed. Reg. 5,281), beyond the statutory time limits set forth in Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. §1862) and was therefore invalid as contrary to law. The CIT found that…

On April 1, 2021, the Department of Commerce published in the Federal Register a document [Docket No. 210326-0072] delaying compliance with the final rule (published on December 23, 2020 at 85 FR 83804 and amended January 27, 2021 at 86 FR 7237), entitled “Aluminum Import Monitoring and Analysis System,” by staying the regulations from March 29, 2021, until June 28, 2021. Commerce will release the public Aluminum Import Monitoring and Analysis (AIM) monitor on the…

On March 26, 2021, the Office of the United States Trade Representative (USTR) announced the next steps in its Section 301 investigations of Digital Service Taxes (DSTs) adopted or under consideration by ten US trading partners. In January, USTR found that the DSTs adopted by Austria, India, Italy, Spain, Turkey, and the United Kingdom were subject to action under Section 301 because they discriminated against US digital companies, were inconsistent with principles of international taxation,…

On March 11, the Japanese Ministry of Finance (MOF) published a report issued by the Council on Customs, Tariff, Foreign Exchange and other Transactions stating that it would be appropriate to impose a 30.8% anti-dumping duty on dipotassium carbonate originating in South Korea. On March 19, the Suga Cabinet approved a cabinet ordinance imposing a provisional anti-dumping duty. A 30.8% anti-dumping duty will be levied in addition to the 3.9% WTO tariff rate for four…

On March 26, 2021, the Office of the United States Trade Representative (USTR) posted an advance copy of a Federal Register notice terminating, as of March 26, 2021, the Section 301 investigations of Digital Services Taxes (DSTs) under consideration by Brazil, the Czech Republic, the European Union, and Indonesia because these jurisdictions either have not adopted or not implemented a DST during the period of investigation. As of March 25, 2021, Brazil, the Czech Republic,…

On March 26, 2021, the Office of the United States Trade Representative (USTR) announced the next steps in its Section 301 investigations of Digital Service Taxes (DSTs) adopted or under consideration by ten US trading partners. In January, USTR found that the DSTs adopted by Austria, India, Italy, Spain, Turkey, and the United Kingdom were subject to action under Section 301 because they discriminated against US digital companies, were inconsistent with principles of international taxation,…

The EU and the US are committed to reach a comprehensive and durable negotiated solution to the Aircraft disputes. Key elements of a negotiated solution will include disciplines on future support in this sector, outstanding support measures, monitoring and enforcement, and addressing the trade distortive practices of and challenges posed by new entrants to the sector from non-market economies, such as China. “These steps signal the determination of both sides to embark on a fresh…

In the March 13, 2021, Canada Gazette, Global Affairs Canada announced a consultation soliciting the views of Canadians on possible bilateral trade agreement negotiations with the United Kingdom (UK), as well as on the UK’s request to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). The announcement gave some background: In 2019, the UK was Canada’s third-largest destination for merchandise exports worldwide. Two-way merchandise trade amounted to $29 billion, making it Canada’s fifth-largest…

On March 12, 2021, CBP issued CSMS #46590066 – GUIDANCE: Suspension of EU Duties in Section 301 Action: Enforcement of U.S. World Trade Organization (WTO) Rights in Large Civil Aircraft Dispute, reproduced below: The purpose of this message is to provide notice of the United States Trade Representative’s (USTR) determination to temporarily suspend additional duties on products of the European Union (EU) under the Section 301 Large Civil Aircraft (LCA) Dispute. The suspension is effective…

On March 11, 2021, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice [Docket Number USTR–2021–0001; Dispute Number DS597] requesting comments on Hong Kong, China’s request for the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement) [WTO Document WT/DS597/5]. USTR invites written comments concerning the issues raised in this dispute. All submissions must be in English and sent electronically…