Tariffs. Customs. Trade Remedies

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On March 19, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice [Docket No. USTR-2020-0012] requesting applications from U.S. citizens and nationals of other countries for the establishment of a roster of individuals who would be available to serve as panelists for general state-to-state dispute settlement panels and for specialized labor panels, required by the United States-Mexico-Canada Agreement (USMCA). To ensure consideration, USTR must receive applications by…

On March 19, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice announcing the USTR’s determination to grant extensions to certain exclusion requests from the $34 Bn action (Tranche 1). USTR initiated the exclusion process in July 2018 and, to date, has granted ten sets of exclusions. The second set of exclusions was published in March 2019 and will expire in March 2020. On December 30, 2019,…

What has changed? On March 11, 2020, the Congressional-Executive Commission on China (“CECC”) announced new proposed legislation, the Uyghur Forced Labor Prevention Act, co-sponsored by the chairs of the CECC, Rep. Jim McGovern (D – MA) and Sen. Marco Rubio (R – FL), targeting supply chains linked to forced labor in the Xinjiang Uyghur Autonomous Region in China. The Uyghur Forced Labor Prevention Act would establish a rebuttable presumption that all labor occurring in Xinjiang, China,…

On March 18, 2020, the Census Bureau advised that in an effort to maintain the health and safety of staff, many US Census Bureau employees will be operating remotely via telework. During this time, Census’ call centers and email inboxes will remain open to assist the trade daily. However, Census will have limited access to physical mail. For those that are submitting a Voluntary Self-Disclosure (VSD) or data request, please send it electronically to the…

The US Treasury Department’s Office of Foreign Assets Control (OFAC) has issued an FAQ providing guidance relating to the provision of humanitarian goods and assistance to Iran in response to the Coronavirus Disease 2019 outbreak there. The guidance summarizes existing legal authorities that may authorize such humanitarian activities, which include: The making of humanitarian donations from the US or by US persons to recipients in Iran (other than to the Government of Iran, persons on OFAC’s SDN…

On March 17, 2020, US Customs and Border Protection (CBP) and the Transportation Security Administration (TSA) published in the Federal Register a document notifying the public of certain arrival restrictions. The document announces the decision of the Secretary of Homeland Security (DHS) to direct all flights to the United States carrying persons who have recently traveled from, or were otherwise present within, the countries of the Schengen Area to arrive at one of the United…

On March 5, 2020, pursuant to Executive Order 13851 of November 27, 2018 and the Nicaragua Human Rights and Anticorruption Act of 2018, the US Treasury Department’s Office of Foreign Assets Control (“OFAC”) further escalated sanctions against Nicaragua by naming the Nicaraguan National Police (“NNP”) and three NNP commissioners as Specially Designated Nationals (“SDNs”), citing serious human rights abuses. OFAC previously named other officials of the NNP as SDNs in 2018 and 2019, also citing human rights abuses. The press release issued by…

In response to the growing impact of the COVID-19 Coronavirus in Europe, a number of countries have implemented national controls to restrict the export of medicines and medical equipment, such as face masks, gloves, and protective clothing. Over the weekend, the EU Commission reviewed actions taken by Member States and, while it has discouraged Member States from adopting measures which would limit intra-EU trade, it has introduced a temporary export ban on exports of certain…

On 15 March 2020, the Official Journal published Commission Implementing Regulation (EU) 2020/402 of 14 March 2020 making the exportation of certain products subject to the production of an export authorisation (the “Regulation”). Because of the public health impact as a result of the coronavirus (COVID-19), the Regulation requires export authorisation, by the competent authorities of the Member State where the exporter is established, for the export outside the EU of personal protective equipment listed…

On March 13, 2020, Bill C-4, the Canada-United States-Mexico Agreement Implementation Act was approved by the House of Commons, the Senate and received Royal Assent, the last step in formal ratification of the tri-lateral agreement to replace the North American Free Trade Agreement (NAFTA).  The Agreement is referred to as CUSMA in Canada, USMCA in the United States and T-MEC in Mexico. Mexico and the United States had previously ratified the Agreement. Canadian approval means…