On November 13, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice that announces the USTR’s determination to make one technical amendment to a previously announced exclusion. As stated in a September 20, 2019 notice, product exclusions will apply from September 24, 2018 to August 7, 2020. The amendments announced in the notice are retroactive to the date the original exclusions were published and do not further…
On November 12, 2020, CBP issued CSMS #44838240 – GUIDANCE: Section 232 Exemption for Canadian Unwrought Aluminum – Entry Summary and Post Summary Correction Processing, which is reproduced below: Background On October 27, 2020, the President signed Presidential Proclamation 10106, “Adjusting Imports of Aluminum into the United States,” published in the Federal Register on October 30, 2020 (see 85 FR 68709), reinstating the exemption for products of Canada from the additional 10 percent Section 232…
On 9 November 2020, the Official Journal published Commission Implementing Regulation (EU) 2020/1646 of 7 November 2020 on commercial policy measures concerning certain products from the United States of America following the adjudication of a trade dispute under the Dispute Settlement Understanding of the World Trade Organization. On 11 April 2019, the Dispute Settlement Body of the World Trade Organization (‘WTO’) adopted its recommendations and rulings in the dispute DS353 United States – Measures Affecting Trade in…
On October 27, 2020 President Trump issued Proclamation 10106 of October 27, 2020 Adjusting Imports of Aluminum Into the United States (published in the Federal Register on October 30, 2020), which modifies the terms of Proclamations 9704, 9893 and 10060 with respect to imports of non-alloyed unwrought aluminum products from Canada. In the Proclamation the President states that, as a result of talks with the Canadian government, imports of aluminum from Canada will no longer…
On October 29, 2020, CBP issued CSMS #44591106 – UPDATE: Section 232 on Imports of Aluminum Articles from Canada, reproduced below: Background On October 27, 2020 the President issued a Presidential Proclamation on Adjusting Imports of Aluminum into the United States, reinstating Canada’s exclusion from additional 10 percent duties under Section 232 on certain non-alloyed unwrought aluminum articles. This Proclamation amends Presidential Proclamation 10060 of August 6, 2020. As a result, effective with respect to…
On October 28, CBP issued CSMS #44583265 – UPDATED GUIDANCE: Temporary Restraining Order Regarding the Modification of Section 201 Action on Solar Cells and Panels: Adjustment of Duty Rate for Fourth Year of Safeguard Measure and Revocation of Bifacial Panel Exclusion, which mentions the CIT TRO and states: Per the TRO, and until further notice, CBP will not enforce the revocation of HTSUS Chapter 99, U.S. note 18 to subchapter III, subdivision (c)(iii)(15) “bifacial solar…
On October 24, 2020, the US Court of International Trade (CIT) issued a temporary restraining order (TRO), which prevents the US government from making “any modification to the Harmonized Tariff Schedule of the United States that includes or reflects Proclamation 10101 … insofar as it relates to bifacial solar panels or bifacial panels.” The TRO specifically says CBP is “temporarily restrained from enforcing or making effective Proclamation 10101 insofar as it relates to bifacial solar…
On October 26, 2020, CBP issued CSMS #44553480 – GUIDANCE: Modification of Section 201 Action on Solar Cells and Panels: Adjustment of Duty Rate for Fourth Year of Safeguard Measure and Revocation of Bifacial Panel Exclusion, which is reproduced below: The purpose of this message is to provide guidance on the adjustment of the duty rate of the Section 201 safeguard tariff on solar cells and panels for the fourth year of the safeguard measure…
On October 19, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register an invitation for applicants [Docket Number USTR-2020-0039] for a roster of individuals to serve on binational panels convened to review final determinations in antidumping or countervailing duty (AD/CVD) proceedings and amendments to AD/CVD statutes of a USMCA Party. The United States annually renews its selections for the roster. The USTR invites applications from eligible individuals wishing to…
On October 16, 2020, CBP issued CSMS #44451479 – GUIDANCE: Section 301 Tranche 1 – $34B Action Extension of Product Exclusions from China, which is reproduced in pertinent part below: Background On October 5, 2020, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 85 FR 62782 to extend through December 31, 2020 certain product exclusions previously covered by the October 2, 2019 notice (see 84 FR 52567) for Section 301 duties on China (Tranche 1 – $34B Action). This product…