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Tariffs. Customs. Trade Remedies

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Trade Remedies

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US – USTR seeks applicants for Binational Panels Roster under USMCA

By 1 Min Read

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…

US – CBP issues guidance on Section 301 Tranches 1 ($34 Bn.) and 2 ($16 Bn.) exclusion extensions

By 5 Mins Read

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…

WTO arbitration in Boeing rules EU may request DSB authorization to assess countermeasures against US up to USD 3.99 Bn.

By 2 Mins Read

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…

US – President issues Proclamation increasing safeguard tariff on solar cells

By 2 Mins Read

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…

US – BIS publishes procedures to grant relief from quotas applicable to certain steel from Brazil

By 2 Mins Read

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…

US – Commerce seeks comments on softwood lumber subsidies

By 1 Min Read

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.

US – USTR initiates two Vietnam section 301 investigations – currency manipulation and importation and use of illegally harvested timber

By 5 Mins Read

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…

US – USTR publishes technical amendments to exclusions and exclusion extensions for certain products in Tranches 3 and 4A

By 5 Mins Read

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…

US – USTR publishes product exclusion extensions for Tranche 1 ($34 Bn.) and Tranche 2 ($16 Bn.) of the China sec. 301 actions [updated from Oct. 1]

By 2 Mins Read

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…

US – USTR posts List 1 ($34 Bn.) and List 2 ($16 Bn.) product exclusion extensions

By 2 Mins Read

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…