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Trade Remedies

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On January 15, 2020, President Trump and China’s Vice Premier Liu He signed “Phase One” of the “Economic and Trade Agreement Between the United States of America and the People’s Republic of China.” The Agreement provides for the purchase by China of $200 billion worth of agricultural (including beef and poultry), energy and manufactured goods over the next two years as well as provide market access for US financial services (like banks, insurance companies and…

On January 16, 2020, the US-Mexico-Canada Agreement [USMCA] Implementation Act (HR 5430) was approved 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, 2019 by a 385-41 vote. The USMCA is an revised and updated agreement to replace the North American Free Trade Agreement (NAFTA). The administration had worked with Democratic members of Congress to resolve labor and environment…

On January 15, 2020, the US Trade Representative (USTR) posted an advance copy of a Federal Register notice of modification of action reducing the rate of additional duty on certain products of China (List 4A) from 15 percent to 7.5 percent. The reduction will be applicable as of 12:01 am Eastern Standard Time on February 14, 2020, for products covered by Annex A of the August 20, 2019 notice (84 Fed. Reg. 43304). On August…

On December 31, 2019, the US Trade Representative (USTR) posted on its website an advance copy of a Federal Register notice that announces USTR’s determination to grant certain exclusion requests, as specified in the Annex to this notice, and corrects a ministerial error in a previously announced exclusion. The product exclusions announced in the notice will apply as of the September 24, 2018, effective date of the $200 billion action, to August 7, 2020. The…

On December 30, 2019, the Office of the US Trade Representative (USTR) published in the Federal Register a notice and request for comments [Docket Number USTR-2019-0024] regarding the possible extension for up to 12 months of particular exclusions granted in March 2019. 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…

On December 23, 2019, the Office of the US Trade Representative (USTR) published in the Federal Register a notice announcing USTR’s determination to extend certain exclusions from the additional duties imposed in the Sec. 301 investigation that are scheduled to expire on December 28, 2019. The product exclusion extensions listed in the Appendix to the notice under US note 20(h) to subchapter III of chapter 99 of the HTSUS: (2), (7), (11), (29), (30), and…

On December 23, 2019, the Office of the US Trade Representative (USTR) published in the Federal Register a request for comments and notice of a public hearing [Docket No. USTR-2019-0023] regarding the 2020 Special 301 Review. Each year, the USTR conducts a Special 301 review to identify countries that deny adequate and effective protection of intellectual property (IP) rights or deny fair and equitable market access to US persons who rely on IP protection. Based…

On December 13, 2019, the Office of the US Trade Representative (USTR) published in the Federal Register a notice regarding the December 2016, initiation of a proceeding pursuant to Section 306(c) of the Trade Act of 1974, as amended (Trade Act) (19 U.S.C. 2416(c)) to reinstate action against the European Union (EU) in order to exercise the WTO authorization to suspend concessions in connection with the dispute EC-Measures Concerning Meat and Meat Products (81 Fed.…

On December 18, 2019 the Office of the US Trade Representative (USTR) published in the Federal Register a notice of modification of Section 301 action. In accordance with the direction of the President, USTR has determined to modify the action being taken in this Section 301 investigation by suspending, until further notice, the additional duty of 15 percent on certain products of China, scheduled to take effect December 15, 2019 (84 Fed. Reg. 43304). The…

On December 17, 2019, the Office of the US Trade Representative (USTR) will publish in the Federal Register three notices of additional product exclusions and amendments to certain notes in the Harmonized Tariff Schedule of the United States (HTSUS). The first notice applies to the $34 billion action (List or tranche 1). The product exclusion will apply as of the July 6, 2018 effective date of the, and will extend to October 1, 2020 at…