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Trade Remedies

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The US-Mexico-Canada Agreement (USMCA) enters into force on July 1, 2020, and the US International Trade Commission (USITC) has updated the Harmonized Tariff Schedule of the United States (HTS) to reflect USMCA-related and other revisions. The text of the most recent HTS and the accompanying duty rates are available on the USITC website at https://hts.usitc.gov/current. Updates include: new USMCA rules of origin; tariff changes to implement the USMCA; removing expired North American Free Trade Agreement provisions; rules…

On July 1, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register an amendment [Docket No. USTR–2020–0023] to an annex to the notice published on June 26, 2020, which requested public comments in connection with a review of the action being taken in the Section 301 investigation involving the enforcement of US World Trade Organization (WTO) rights in the Large Civil Aircraft dispute. The amendment adds two products to…

On June 30, 2020, the Diario Oficial (Official Gazette) published the Decree establishing the Applicable Rate of the General Import Tax for merchandise originating in North America, which implements Annex 2-B of the Agreement between the United Mexican States, the United States of America and Canada (T-MEC/ USMCA / CUSMA). The Tariff Schedules established in Annex 2-B “Tariff Commitments” establish the preferential rate of customs tariffs for trade between Mexico, the United States and Canada, on goods originating…

On July 1, 2020, US Customs and Border Protection (CBP) will publish in the Federal Register an interim final rule [USCBP-2020-0036; CBP Dec. 20-11], which amends the CBP regulations to implement the rules of origin provisions for preferential tariff treatment of the Agreement Between the United States of America, the United Mexican States, and Canada (USMCA). The document sets forth the framework for CBP regulations that provides further guidance regarding the rules of origin for…

On June 26, 2020, the Office of the US Trade Representative (USTR) published in the Federal Register a notice and request for comments [Docket Number USTR-2020-0027] concerning the extension of particular exclusions granted under the product exclusion procedures initiated in October 2019. As of June 12, 2020, USTR had issued five product exclusion notices under that action. The product exclusions granted under these notices are scheduled to expire on September 1, 2020. USTR has decided…

On June 26, 2020, the Office of the US Trade Representative (USTR) published in the Federal Register a request for comments [Docket Number USTR-2020-0023] relating to a review being conducted by USTR of the action being taken in the Section 301 investigation involving the enforcement of US World Trade Organization (WTO) rights in the Large Civil Aircraft dispute. In connection with this review, USTR is considering modifying the list of products of certain current or…

On June 25, 2020, the Office of the US Trade Representative (USTR) published in the Federal Register two notices and requests for comments concerning the extension of particular exclusions granted under the Product Exclusion Notice from the $16 billion action against certain goods from China pursuant to Section 301. USTR initiated an exclusion process in September 2018 and granted multiple sets of exclusions. The first notice [Docket Number USTR-2020-0025] covers the second set of exclusions,…

A hallmark of the Trump Administration trade policy is imposing tariffs — duties under Section 201 (safeguards), Section 232 (national security), and Section 301 (currently against China for intellectual property practices). For many companies, an integral component of supply chain management has included securing exclusions from these tariffs to avoid crushing duties that sideline downstream projects and value chains. But what happens if an exclusion vanishes without process or fair warning? The Administration has abruptly…

On June 24, 2020, the Office of the US Trade Representative (USTR) published in the Federal Register a notice that announces the USTR’s determination n to grant an additional exclusion request, as specified in the Annex to this notice, and corrects technical errors in previously announced exclusions. The product exclusions will apply as of September 24, 2018, the effective date of the $200 billion action, and extend to August 7, 2020. The amendments announced in…

On June 23, 2020, US Customs and Border Protection issued CSMS #43134617 – GUIDANCE: Fifth Round of Product Exclusions from China Section 301 Tranche 4A – $300B, reproduced below: Background On June 12, 2020, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 85 FR 35975 on certain exclusions from the Section 301 duty related to goods from China ($300B Action – Tranche 4). These product exclusions relate to the additional duties announced in…