Tariffs. Customs. Trade Remedies

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Germany

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On May 8, 2018, President Trump announced that the United States will be withdrawing from the Joint Comprehensive Plan of Action (“JCPOA”), culminating months of uncertainty around the fate of the Iran nuclear deal. The announcement came ahead of a May 12 deadline for the renewal of a key sanctions waiver.  As described here, the last sanctions waiver occurred on January 12, 2018 amidst statements by President Trump that the waiver would be the last unless what President Trump considered “flaws” in the deal were fixed.  In his May 8 speech, President Trump announced that the United States would re-impose nuclear sanctions against Iran. 

On May 7, 2018, the U.S. Department of Commerce published notice of its periodic request for comments on subsidy programs provided by countries exporting softwood lumber or softwood lumber products to the United States.  Commenters have 30 days from today – or until June 6, 2018 – to submit written materials or commentary regarding (1) the country providing the subsidy; (2) the name of the subsidy program; (3) a brief description of the subsidy program; and (4) the government body or authority that provided the subsidy.   All comments should be filed via regulations.gov with reference to Docket No. ITA-2018-0002. 

On April 14, 2017, the Department of the Treasury (Treasury) issued its Report to Congress on Foreign Exchange Policies of Major Trading Partners of the United States. The Report reviews developments in international economic and exchange rate policies and is submitted pursuant to the Omnibus Trade and Competitiveness Act of 1988 (the “1988 Act”), 22 U.S.C. § 5305, and Section 701 of the Trade Facilitation and Trade Enforcement Act of 2015 (the “2015 Act”), 19 U.S.C. § 4421. Treasury has established thresholds for the three criteria specified in the 2015 Act that determine whether enhanced analysis is necessary: (1) a significant bilateral trade surplus with the United States is one that is at least $20 billion; (2) a material current account surplus is one that is at least 3 percent of GDP; and (3) persistent, one-sided intervention occurs when net purchases of foreign currency are conducted repeatedly and total at least 2 percent of an economy’s GDP over a 12 month period.

On March 29, 2017, the Department of State published in the Federal Register a notice [Public Notice: 9937] stating that, pursuant to Section 490(b)( l )(A) of the Foreign Assistance Act or 1961, as amended, the Under Secretary of State has determined and certified that the top five exporting and importing countries and economies of pseudoephedrine and ephedrine (Canada, China, Denmark, Egypt, France, Germany, Greece, India, Indonesia, Singapore, Republic of Korea, Switzerland and the United…

On March 29, 2017, the Bureau of Industry and Security (BIS) published in the Federal Register a final rule [Docket No. 170103009-7300-02] that amends the Export Administration Regulations (EAR) by removing seven persons under ten entries from the Entity List. This rule removes four persons listed under the destination of Germany, one person listed under the destination of Hong Kong, one person listed under the destination of India, one person listed under the destination of…

On December 7, 2016, the Federal Register published the President’s Order of December 2, 2016 – Regarding the Proposed Acquisition of a Controlling Interest in Aixtron SE by Grand Chip Investment GmbH (the Order). In the Order, the President, primarily pursuant to  section 721 of the Defense Production Act of 1950, as amended (50 U.S.C. 4565), found that the proposed purchase through Chinese investors of a German company of the U.S. business of Aixtron SE., a company organized under the laws of the Federal Republic of Germany (Aixtron), might result in action that threatens to impair the national security of the United States.

The European Commission has announced that on 15 July 2016, the General Administration of China Customs and Hong Kong Customs joined the customs authorities of eight EU Member States (Belgium, France, Germany, Italy, Netherlands, Poland, Spain, United Kingdom) and the Directorate-General for Taxation and Customs Union of the European Commission, DG TAXUD in Phase 3 of the Smart and Secure Trade Lanes (SSTL) pilot project. Seven additional Member States (Czech Republic, Greece, Hungary, Lithuania, Portugal, Romania, Slovakia) as well as the WCO take part as observers.

  On May 26, 2016, the Department of State published in the Federal Register a document [Public Notice: 9584] announcing that on May 3, 2016, it certified that 14 shrimp-harvesting nations (Colombia, Costa Rica, Ecuador, El Salvador, Gabon, Guatemala, Guyana, Honduras, Mexico, Nicaragua, Nigeria, Pakistan, Panama, and Suriname) have a regulatory program comparable to that of the United States governing the incidental taking of the relevant species of sea turtles in the course of commercial shrimp…