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Trade Remedies

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Canada successfully concludes talks on transitional trade continuity agreement with the United Kingdom

By 2 Mins Read

On November 21, 2020, Global Affairs Canada announced the successful conclusion of talks for the Canada-United Kingdom Trade Continuity Agreement (Canada-UK TCA) – an interim deal that will be in place as Canada and the United Kingdom work towards negotiating a comprehensive free trade agreement. The new agreement will provide continued access to the benefits of the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) on a bilateral basis, including the elimination of tariffs on 98%…

CBP issues guidance for Sec. 301 Tranche 3 technical amendment

By 4 Mins Read

On November 18, 2020, CBP issued CSMS #44905878 – GUIDANCE: Section 301 Tranche 3 – $200B Action Technical Amendment to Product Exclusion from China,reproduced below: Background On November 13, 2020, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 85 FR 72748, announcing a technical amendment to amend a previously granted exclusion under Section 301 related to goods from China (Tranche 3 – $200B Action). The technical amendment relates to the imposed additional duties announced in 83 FR 47974,…

US – USTR issues technical amendment to a product exclusion on Tranche 3 ($200 Bn.)

By 2 Mins Read

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…

US – CBP issues guidance on Entry Summary and PSC for Sec. 232 exemption for Canadian unwrought aluminum

By 2 Mins Read

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…

EU announces countermeasures against US products as a result of WTO large aircraft arbitration

By 3 Mins Read

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…

President modifies Sec. 232 action on aluminum imports from Canada

By 3 Mins Read

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…

US – CBP issues update on Sec. 232 imports of Canadian aluminum

By 3 Mins Read

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…

US- CBP issues updated guidance on solar cells [see our earlier article]

By 1 Min Read

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…

US – CIT issues TRO restoring exemption; USITC adds the exemption to the HTS

By 2 Mins Read

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…

US – CBP issues guidance on modification of Sec. 201 Action on solar cells and panels

By 3 Mins Read

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…