Tariffs. Customs. Trade Remedies

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Trade Remedies

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On December 23, 2020 the International Trade Administration (ITA) at Commerce, published in the Federal Register a final rule [Docket No. 201014-0270] that adopts the Aluminum Import Monitoring and Analysis (AIM) system by promulgating new regulations (19 C.F.R. Part 361) that establish a website for the AIM system that consists of an online aluminum import license application platform and public AIM monitor; require importers, customs brokers or their agents to apply for and obtain an…

On December 18, 2020, the Bureau of Industry and Security (BIS) published in the Federal Register a notice [Docket No. 201214-0339] announcing that on November 23, 2020, the Secretary of Commerce terminated an investigation under section 232 of the Trade Expansion Act of 1962, as amended, which was initiated on May 19, 2020, to determine whether imports of mobile cranes threatened to impair the national security. Notice of the investigation and a request for public…

On December 15, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register a request for comments and notice of public hearing [Docket Number USTR-2020-0041] for its 2021 review to identify countries that deny adequate and effective protection of intellectual property (IP) rights or deny fair and equitable market access to US persons who rely on IP protection. Based on this review, the USTR determines which, if any, of these…

On December 14, 2020, the Commerce’s Bureau of Industry and Security (BIS) published in the Federal Register an interim final rule [Docket No. 201203-0323] (“IFR”) that revises aspects of the process for requesting exclusions from the duties and quantitative limitations on imports of aluminum and steel discussed in three previous interim final rules implementing the exclusion process authorized by the President under Section 232 of the Trade Expansion Act of 1962, as amended (“232”). These…

On December 9, 2020, the US Trade Representative (USTR) announced that it had filed the first dispute under the US-Mexico-Canada Agreement (USMCA) by requesting consultations with the Government of Canada (pursuant to Articles 31.2 and 31.4 of the USMCA) in connection with Canada’s administration of its dairy tariff rate quotas. USTR’s request for consultations states: Canada’s dairy TRQ allocation measures appear to be inconsistent with several provisions of the USMCA. First, the measures appear to…

On 8 December 2020, the Department for International Trade (DIT) announced its independent approach to the longstanding trade conflicts between the EU and US around steel, aluminium and aerospace tariffs. The announcement said: To defend the UK steel industry, International Trade Secretary Liz Truss is rolling over tariffs in response to the unjustified ‘Section 232’ tariffs imposed by the US on aluminium and steel imports. These tariffs will continue from January 1st when the UK…

On November 25, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice [Docket No. USTR–2020–0036] that USTR will convene a virtual public hearing and accept rebuttal comments in the Section 301 investigation concerning Vietnam’s acts, policies, and practices related to the import and use of illegal timber. To be assured of consideration, requests to appear at the hearing must be submitted through the Federal eRulemaking Portal: www.regulations.gov …

On November 25, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice [Docket No. USTR–2020–0037] that USTR will convene a virtual public hearing and accept rebuttal comments in the Section 301 investigation concerning Vietnam’s acts, policies, and practices related to the valuation of its currency. To be assured of consideration, requests to appear at the hearing must be submitted through the Federal eRulemaking Portal: www.regulations.gov (Regulations.gov), following…

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%…

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,…