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Trade Remedies

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On 5 April 2021, the US Court of International Trade (Court) issued a significant ruling that overturns a portion of the Section 232 tariffs imposed by President Trump under Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. §1862). The decision affects the duties imposed on US imports of steel and aluminum “derivative” products but not the more general steel and aluminum tariffs. The Court found that President Trump missed the statutory deadline…

On June 15, 2021, the White House announced that the US and European Union (EU) have reached an agreement in the 16-year WTO Boeing-Airbus dispute and agreed to address shared challenges from China. The US and EU will suspend tariffs that were authorized by the WTO that are related to this dispute for five years and work together to challenge and counter China’s non-market practices in this sector in specific ways that reflect standards for fair competition. This includes collaboration on inward…

On June 8, 2021, US Customs and Border Protection (CBP) published in the Federal Register a notice [Docket No. USCBP-2021-0020] that the Commercial Customs Operations Advisory Committee (COAC) will hold its quarterly meeting on Wednesday, June 23, 2021 from 1-5 p.m. (EDT) . The meeting will be open to the public via webinar only. There is no on-site, in-person option for this quarterly meeting. Public comments are welcome. The COAC will hear from the current…

On June 2, 2021, United States Trade Representative (USTR) Katherine Tai announced the conclusion of the one-year Section 301 investigations of Digital Service Taxes (DSTs) adopted by Austria, India, Italy, Spain, Turkey, and the United Kingdom. The final determination in those investigations is to impose additional tariffs of 25% on certain goods (specified in Annex A to each notice) from these countries, while suspending the tariffs for up to 180 days to provide additional time…

On May 28, 2021, US Customs and Border Protection (CBP) published in the Federal Register a notice of intent to distribute assessed antidumping or countervailing duties in connection with countervailing duty orders, antidumping duty orders, or findings under the Antidumping Act of 1921 (known collectively as the continued dumping and subsidy offset) for Fiscal Year 2021 pursuant to the Continued Dumping and Subsidy Offset Act of 2000 (CDSOA). Although the CDSOA was repealed by the…

On 16 May 2021, the People’s Republic of China (PRC)’s Customs Tariff Commission of the State Council (CTC) issued Circular [2021] No. 5 to extend the effective period for the second product exclusion list for the second batch of US products subject to Chinese retaliatory tariffs from 19 May 2021 to 25 December 2021. Click here to see the announcement. The exclusion list covers 79 products in total, including certain industrial chemicals, textiles, metals, electric…

[The following is from the website of the company handling the consultation for the Department for International Trade (DIT).] As part of the UK’s new approach to US tariffs announced on 8th December 2020, the government announced it would be rolling over the rebalancing measures taken by the EU in response to the US Section 232 additional tariffs on UK steel, aluminium and derivatives. The government made clear at the time that the future of…

On 4 May 2021, the European Commission announced that as part of its enforcement of international trade rules, the Commission services have concluded two examinations under the EU’s Trade Barriers Regulation (TBR): one concerning Saudi Arabia´s measures restricting market access to EU ceramic tiles, and one concerning Mexico’s measure affecting Tequila exports to the EU. The Trade Barriers Regulation is part of the Commission enforcement efforts in the area of international trade rules. The Trade…

On May 17, 2021, United States Trade Representative Katherine Tai, US Secretary of Commerce Gina M. Raimondo and European Commission Executive Vice President Valdis Dombrovskis announced the start of discussions to address global steel and aluminum excess capacity. During a virtual meeting the previous week, the leaders acknowledged the need for effective solutions that preserve our critical industries, and agreed to chart a path that ends the WTO disputes following the US application of tariffs…

On May 14, 2021, USTR announced that Ambassador Katherine Tai will host the inaugural Free Trade Commission (FTC) of the United States-Mexico-Canada Agreement (USMCA) on May 17-18, 2021. Mexican Secretary of Economy Tatiana Clouthier, and Canada Minister of Small Business, Export Promotion and International Trade, Mary Ng, will attend the virtual meeting. The USMCA modernized the trading relationship between the three countries for the 21st century. The FTC is the first step toward realizing the…