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Trade Remedies

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On October 17, 2019, the International Trade Administration, Department of Commerce published in the Federal Register a document [Docket No. ITA-2019-0007] seeking public comment on any subsidies, including stumpage subsidies, provided by certain countries exporting softwood lumber or softwood lumber products to the United States during the period January 1, 2019, through June 30, 2019. Section 805 of Title VIII of the Tariff Act of 1930 (the Softwood Lumber Act of 2008), mandates that the…

On October 17, 2019, CBP issued CSMS #40281968 – Additional Duty on Products of the Countries of the European Union Under Large Civil Aircraft Section 301 Trade Remedy Action, which is reproduced below: BACKGROUND The U.S. Trade Representative has determined that the EU and certain member states have denied U.S. rights under the World Trade Organization (WTO) Agreement and have failed to implement WTO Dispute Settlement Body recommendations concerning certain subsidies to the EU large…

On 14 October 2019, the WTO announced that members agreed at a meeting of the Dispute Settlement Body (DSB) to authorize the United States to impose countermeasures on European Union goods and services trade with the US up to a value of USD 7,496.623 million annually. The authorization was granted in line with a WTO arbitrator decision issued on 2 October [see below]. The announcement said: The authorization was granted as a result of the…

On October 8, 2019, US Customs and Border Protection (CBP) Office of Trade and the Department of Commerce Office of Enforcement and Compliance announced a newly redesigned Antidumping and Countervailing Duties (AD/CVD) case management module within the Automated Commercial Environment (ACE). The new module deployed on October 5. The announcement said in part: This year-long joint effort will streamline the AD/CVD case messages and case reference data functions, resulting in more user-friendly navigation for the…

On October 9, 2019, the Office of the US Trade Representative (USTR) published in the Federal Register a notice [Docket No. USTR–2018–0001] withdrawing the exclusion of bifacial solar panels exclusion to the solar products safeguard measure. On January 23, 2018, the President imposed a safeguard measure on imports of certain solar products pursuant to a section 201 investigation. On February 14, 2018, USTR established procedures for interested persons to request product-specific exclusions from application of…

On October 2, 2019, USTR announced that the United States has requested that the WTO schedule a meeting on October 14 to approve a US request for authorization to take countermeasures against the EU in connection with the arbitrator’s decision in the WTO dispute entitled “European Communities and Certain member States — Measures Affecting Trade in Large Civil Aircraft” (DS316). Earlier in the day, the WTO announced that a WTO arbitrator issued its decision finding…

On October 9, 2019, the Office of the US Trade Representative (USTR) published in the Federal Register its Notice of Determination and Action Pursuant to Section 301: Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute [Docket No. USTR-2019-0003] (originally posted by USTR on its website on October 4 as an advance copy). The notice states that USTR has determined that the European Union (EU) and certain member States have denied US rights under…

On October 2, 2019, USTR announced that the United States has requested that the WTO schedule a meeting on October 14 to approve a US request for authorization to take countermeasures against the EU in connection with the arbitrator’s decision in the WTO dispute entitled “European Communities and Certain member States — Measures Affecting Trade in Large Civil Aircraft” (DS316). Earlier in the day, the WTO announced that a WTO arbitrator issued its decision finding…

On October 4, 2019, the Office of the US Trade Representative (USTR) posted on its website an advance copy of the Federal Register Notice of Determination and Action Pursuant to Section 301: Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute [Docket No. USTR-2019-0003], which states that USTR has determined that the European Union (EU) and certain member States have denied US rights under the World Trade Organization (WTO) Agreement and have failed to…

by Kevin O’Brien, Rod Hunter, Christine Streatfeild and Ross Denton On October 2, 2019, the World Trade Organization (WTO) issued an arbitration decision in European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft, WT/DS316/ARB. The decision authorizes the United States to impose $7.5 billion in tariffs on EU imports for EU subsidies to Airbus, making the ruling the largest in the WTO’s history and providing a partial conclusion to one…