Tariffs. Customs. Trade Remedies

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Trade Remedies

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On 13 October 2020, a WTO arbitrator issued its decision on the level of countermeasures the European Union may request with respect to 16-year old dispute with the United States involving subsidies to Boeing in “United States — Measures Affecting Trade in Large Civil Aircraft — Second Complaint” (DS353). The United States had previously won a parallel case involving European subsidies to Airbus and assessed tariffs against European goods worth approximately USD 7.4 Bn. In…

On October 10, 2020, President Trump issued a Proclamation increasing the safeguard tariff on Crystalline Silicon Photovoltaic (CSPV) Cells. The Proclamation adjusts the duty rate of the safeguard tariff for the fourth year of the safeguard measure to 18 percent to account for the exclusion of bifacial panels from application of the safeguard tariffs, which the President said has impaired the effectiveness of the 4-year action. The proclamation eliminates the exemption for bifacial panels [currently…

On October 13, 2020, the Bureau of Industry and Security (BIS), Department of Commerce, will publish in the Federal Register a temporary final rule [Docket No. 201006-0266] that establishes procedures to grant relief from the quantitative limitation applicable to certain steel articles for Brazil for parties with preexisting contracts that meet specified criteria as authorized by the President as part of the action he took to adjust imports under Section 232 of the Trade Expansion…

On October 8, 2020, Enforcement and Compliance, International Trade Administration (Commerce), published in the Federal Register a notice that seeks public comment on any subsidies, including stumpage subsidies, provided by certain countries exporting softwood lumber or softwood lumber products to the United States during the period January 1, 2020 through June 30, 2020. Comments are due 30 days after publication.

On October 2, 2020, the Office of the United States Trade Representative (USTR) announced that at the direction of President Trump, it is initiating an investigation addressing two significant issues with respect to Vietnam. USTR will investigate Vietnam’s acts, policies, and practices related to the import and use of timber that is illegally harvested or traded, and will investigate Vietnam’s acts, policies, and practices that may contribute to the undervaluation of its currency and the…

On October 7, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice that announces USTR’s determination to make one technical amendment to a previously announced exclusion to a Tranche 3 ($200 Bn.) product. Product exclusions for tranche 3 apply from September 24, 2018 to August 7, 2020. The amendment announced in this notice is retroactive to the date the original exclusion was published and does not further…

On October 5, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice that announces the USTR’s determination to extend certain exclusions from October 2, 2020, through December 31, 2020 for products from China on Tranche/List 1 ($34 Bn.). Annex A to the notice establishes a new HTSUS heading/subheading 9903.88.60 and new US note 20 (mmm) to cover the nine product extensions and makes conforming amendments,Annex B contains…

The Office of the United States Trade Representative (USTR) has posted a notice to be published in the Federal Register that announces the USTR’s determination to extend certain exclusions from October 2, 2020, through December 31, 2020 for products from China on List 1 ($34Bn.). Annex A to the notice establishes a new HTSUS heading/subheading 9903.88.60 and new US note 20 (mmm) to cover the nine product extensions and makes conforming amendments,Annex B contains a…

On September 28, 2020, CBP issued CSMS #44243021 – GUIDANCE: Section 301 Tranche 1 – $34B Action Extension of Product Exclusions from China, which is reproduced below: Background On September 22, 2020, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 85 FR 59587 to extend through December 31, 2020 certain product exclusions previously covered by the September 20, 2019 notice (see 84 FR 49564) for Section 301 duties on China (Tranche 1 – $34B Action). This product exclusion extension relates…

On September 25, 2020, the Bureau of Industry and Security (BIS) published in the Federal Register a notice [Docket No. BIS-2020-0002] on reopening of the comment period for previously published notice of request for public comments. On June 3, 2020, the BIS published the Notice of Request for Public Comments on Section 232 National Security Investigation of Imports of Vanadium. The June 3 notice specified that the Secretary of Commerce initiated an investigation to determine…