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Trade Remedies

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On February 5, 2020, the US Trade Representative (USTR) published in the Federal Register a notice of product exclusions from the $200 Bn action (List or Tranche 3) against Chinese products under Sec. 301. The USTR initiated a product exclusion process in June 2019, and interested persons have submitted requests for the exclusion of specific products. This notice announces the USTR’s determination to grant certain exclusion requests, as specified in the Annex, and corrects technical…

On February 4, 2020, US Customs and Border Protection (CBP) issued CSMS #41538917 – GUIDANCE: Decrease in Section 301 Duties on Certain Products of China; $300B-Action -Tranche 4A which states: On August 20, 2019, the United States Trade Representative (USTR) published a Modification of Section 301 Action in 84 FR 43304 introducing another imposition of additional tariffs on products of China with an annual trade value of approximately $300 billion which is referred to as Tranche 4.…

On February 4, 2020, US Customs and Border Protection (CBP) issued CSMS # 41538803 – GUIDANCE: Additional Duty on Imports of Derivative Aluminum and Steel Articles, excerpts of which are reproduced below: On January 29, 2020, the President issued Proclamation 9980 on Adjusting Imports of Derivative Aluminum Articles and Derivative Steel Articles into the United States under Section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862), providing for additional import…

On February 3, 2020, Enforcement and Compliance, International Trade Administration, Department of Commerce published in the Federal Register a final rule [Docket No. 200128–0035] that modifies 19 C.F.R. 351.502 and adds 19 C.F.R. 351.528 pertaining to the determination of benefit and specificity in countervailing duty proceedings. These modifications clarify how Commerce will determine the existence of a benefit when examining a subsidy resulting from currency undervaluation and clarify that companies in the traded goods sector…

On February 1, 2020, the Canada Gazette published a notice from Global Affairs Canada that states that agreements concluded by Canada with the European Union, with Member States acting on behalf of the European Union, and with the European Union and its Member States acting jointly shall continue to apply to the United Kingdom for the duration of the transition period following its departure from the European Union. If there is any change to this…

On January 29, 2020, President Trump signed H.R. 5430, the “United States-Mexico-Canada Agreement Implementation Act,” which implements the United States-Mexico-Canada Agreement (USMCA). The USMCA is a revised and updated agreement to replace the North American Free Trade Agreement (NAFTA). The USMCA Implementation Act was approved on January 16, 2020, the 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,…

On January 24, 2020, President Trump issued a Proclamation on Adjusting Imports of Derivative Aluminum Articles and Derivative Steel Articles into the United States under section 232 of the Trade Expansion Act of 1962. Except as otherwise provided in the proclamation, all imports of derivative aluminum articles specified in Annex I to the proclamation shall be subject to an additional 10 percent ad valorem rate of duty, and all imports of derivative steel articles specified…

On January 24, 2020, 17 WTO members issued a statement agreeing to establish a temporary system for appealing WTO disputes. They reached an agreement during the recent World Economic Forum in Davos, Switzerland. The WTO members include Australia, Brazil, Canada, Chile, China, Colombia, Costa Rica, the European Union, Guatemala, South Korea, Mexico, New Zealand, Norway, Panama, Singapore, Switzerland and Uruguay. Canada and the EU had earlier established a separate interim appeals procedure. The statement indicated…

On January 23, 2020, President Trump signed Proclamation 9979 – to Further Facilitate Positive Adjustment to Competition From Imports of Large Residential Washers (to be published in the Federal Register on January 28, 2020), which modifies the quantitative limitations, established in Proclamation 9694 of January 23, 2018, applicable to imports of washers under Harmonized Tariff Schedule of the United States (HTS) subheadings 8450.11.00 and 8450.20.00, by allocating the within-quota quantities for the third quota year…

On January 22, 2020, the US Trade Representative (USTR) published in the Federal Register a notice of modification of action (an advance copy of which was previously posted on the USTR website on Jan. 15) 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…