Passed in August of this year, the Inflation Reduction Act (IRA) was heralded by many as a landmark piece of climate legislation in the United States. The IRA’s tax credits for electric vehicles were among its most...more
10/14/2022
/ Batteries ,
China ,
Climate Change ,
Electric Vehicles ,
Free Trade Agreements ,
Inflation Reduction Act (IRA) ,
Internal Revenue Code (IRC) ,
IRS ,
Manufacturers ,
MSRP ,
Tariffs ,
Tax Credits ,
Trade Relations ,
United States-Mexico-Canada Agreement (USMCA) ,
WTO
As detailed in our previous alerts, the Section 301 statute (19 USC § 2417), includes a “termination provision” stating that the Section 301 tariffs will terminate after a period of 4 years, unless a representative of the...more
US Government agencies have announced concurrent reviews of the Section 301 and Section 232 tariffs, which may result in changes to the current tariff rates and product lists in the coming months. At the end of this report is...more
The US Trade Representative (USTR) has issued a Federal Register notice to initiate the first step of a statutory review process to determine whether China tariffs issued pursuant to Section 301 of the Trade Act of 1974...more
In December 2021, Canada announced plans to impose a digital services tax, or DST. A few days later, the Office of the US Trade Representative (USTR) expressed opposition indicating that if Ottawa were to pursue this plan,...more
On January 13, Canada announced that it would join Mexico in requesting a dispute settlement panel to address a disagreement over the US interpretation of the automotive rules of origin under the US-Mexico-Canada Agreement...more
The components and products that are used in the assembly of EVs are critical to the deployment and functionality of EVs and their global supply chain. In particular, the proper Harmonized Tariff Schedule of the United States...more
In light of the impact of high tariffs on EV inputs under Section 301 and Section 232 measures and the uncertainty of future trade actions, qualification under the US-Mexico-Canada (USMCA) Agreement is more important than...more
Rare-earth magnets (i.e., neodymium-iron-boron permanent magnets), widely considered the most efficient way to power EVs, are the latest commodity to be potentially subject to Section 232 tariffs, which have previously been...more
Throughout 2021, the administration and Congress have made clear the support for US domestic manufacturing of the electric mobility supply chain. Their goal is to both boost economic growth and reduce US carbon emissions....more
1/13/2022
/ Automotive Industry ,
Biden Administration ,
Carbon Emissions ,
Electric Vehicles ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Infrastructure Investment and Jobs Act (IIJA) ,
Manufacturers ,
NHTSA ,
Supply Chain ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
Through Section 301, "China Tariffs," the United States Trade Representative (USTR) imposes additional ad valorem tariffs rates between 7.5% and 25% on the majority of Chinese-origin products, including lithium-ion batteries,...more
Around the globe, automakers, parts suppliers, and related industries are making long-term investments in electric vehicles (EV), EV batteries, charging stations, and associated technologies. To remain competitive in this...more
On October 5, 2021, the United States Trade Representative (USTR) announced the Biden Administration’s highly-anticipated China trade policy, including a comment request process that will be used to determine whether Section...more
USTR is soliciting comments and has scheduled hearings regarding the potential imposition of Section 301 tariffs of up to 25% in response to the Digital Services Tax adopted by Austria, India, Italy, Spain, Turkey, and the...more
4/6/2021
/ Biden Administration ,
Digital Services Tax ,
EU ,
Exports ,
Imports ,
International Trade ,
Section 301 ,
Tariffs ,
UK ,
US Trade Policies ,
USTR ,
WTO
CBP is leveraging the EAPA to target various industries based on a suspicion of evading AD/CVD duties by aggressively scrutinizing imports potentially covered by an AD/CVD order.
On March 4, 2021, US Customs and Border...more
Changes are afoot for key industry sectors with complicated global supply chains.
“As this pandemic has made clear, we can never again be in a position where we have to rely on a foreign country that doesn’t share our...more
3/1/2021
/ APIs ,
Batteries ,
Biden Administration ,
CFIUS ,
China ,
Coronavirus/COVID-19 ,
Defense Sector ,
Energy Sector ,
Executive Orders ,
Export Controls ,
Information and Communication Technology (ICT) ,
Minerals ,
Personal Protective Equipment ,
Popular ,
Public Health ,
Risk Management ,
Semiconductors ,
Supply Chain ,
Transportation Industry
Companies in the fashion, luxury, and agricultural spaces should take action in response to the forced labor supply chain due diligence requirements Customs recently announced in connection with withhold release orders (WRO)...more
If your company has paid Section 301 duties on products of China included in List 3 and List 4(a), there may still be an opportunity to file a suit to potentially recover duties paid.
On February 5, 2021, the US Court of...more
The growing role that international trade rules are playing has left many corporate leaders to look beyond regularly imposed tariffs.
Earlier this month, we published our “Advance Look at Hot Button Trade Issues under the...more
1/29/2021
/ Automotive Industry ,
Bureau of Industry and Security (BIS) ,
China ,
Customs and Border Protection ,
Executive Orders ,
Export Controls ,
Forced Labor ,
NAFTA ,
Regional Comprehensive Economic Partnership (RCEP) ,
Supply Chain ,
Tariffs ,
Trade Agreements ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
Looking towards 2021 and a new Administration, Arent Fox's International Trade & Investment group has prepared a series of primers on six key areas that can impact your business: The Biden Transition, Special Tariffs,...more
US tariffs are applied at the time of import and so the elevated role played by US Customs and Border Protection should not be underestimated. While the Customs section begins with the analysis “The Wait Is Over: USMCA Border...more
1/5/2021
/ Audits ,
Automotive Industry ,
C-TPAT ,
Certifications ,
China ,
Corporate Counsel ,
Customs and Border Protection ,
Enforcement Actions ,
EU ,
Federal Maritime Commission ,
Forced Labor ,
Free Trade Agreements ,
NAFTA ,
Tariffs ,
UK ,
United States-Mexico-Canada Agreement (USMCA) ,
Withhold Release Orders (WROs)
This is Washington and so we start and end with US trade policy. Our team is tracking the Biden Transition, starting with the introduction of Katherine Tai, nominee for the next US Trade Representative....more
On September 14, 2020, the Department of Homeland Security (DHS) through Customs and Border Protection (CBP) issued new withhold release orders (WRO) aimed at entities involved in the importation, downstream manufacturing,...more
By the time you open this alert, the USMCA will have been formally and officially launched. These are still early days and there remains much to be clarified by pending rulemaking.
We know what we know and we know what we...more
The USMCA permits CBP to verify whether a good entered with a claim for preferential tariff treatment qualifies as originating by: (1) Written request or questionnaire to the importer, exporter, or producer of the good...more
4/24/2020
/ Cross-Border Transactions ,
Customs and Border Protection ,
Exports ,
Free Trade Agreements ,
Imports ,
Mexico ,
NAFTA ,
Tariffs ,
Trade Preferences Rules ,
Trade Relations ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies