Welcome to the September 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and...more
9/17/2024
/ Aluminum Sales ,
Anti-Subsidies ,
Canada ,
Child Labor ,
China ,
Countervailing Duties ,
Customs and Border Protection ,
Department of Labor (DOL) ,
ECCNs ,
Electric Vehicles ,
Enforcement ,
Export Controls ,
False Claims Act (FCA) ,
Forced Labor ,
Fraud ,
Imports ,
ITAR ,
Manufacturers ,
Popular ,
Risk Mitigation ,
Section 301 ,
Solar Panels ,
Steel Industry ,
Surtax ,
Tariffs ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies ,
USTR ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Whistleblowers
Trade tensions between Washington and US trading partners, notably China, have complicated many supply chain decisions — what to buy, from where, made by whom, and at what tariff cost.
Recent statements from senior Biden...more
3/19/2024
/ Automotive Industry ,
Biden Administration ,
China ,
Customs and Border Protection ,
Geopolitical Risks ,
Imports ,
Manufacturers ,
Supply Chain ,
Tariffs ,
Trucking Industry ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
The Electric Mobility industry is on track for another exciting year. However, current and forthcoming US agency regulations continue to inject confusion and costs in critical supply decisions, for which legal tools can...more
1/11/2024
/ Automotive Industry ,
China ,
Customs and Border Protection ,
Duties ,
Electric Vehicles ,
Free Trade Agreements ,
Inflation Reduction Act (IRA) ,
International Energy Agency (IEA) ,
Regulatory Agenda ,
Supply Chain ,
Tariffs ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
Recent government actions illustrate that US-China trade relations will continue to be a focus as the United States enters an election year. We’ll continue to monitor developments regarding Section 301 tariffs — will they...more
On August 28, 2023, the Bureau of Industry and Security (BIS) of the US Department of Commerce (DOC) issued a proposed rule to revise certain aspects of the process to request exclusions from the Section 232 steel and...more
On Friday, February 24, 2023, on the one-year anniversary of Russia’s further invasion into Ukraine, President Biden, the Office of the US Trade Representative (USTR) and the US Department of Commerce, Bureau of Industry and...more
3/1/2023
/ Ad Velorem Tariffs ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
Customs and Border Protection ,
Economic Sanctions ,
Executive Orders ,
Oil & Gas ,
Russia ,
Tariffs ,
Trade Expansion Act of 1962 ,
Trade Representatives ,
Ukraine
Application of US trade laws rely on the proper classification of the imported product. It triggers tariff preference benefits when properly applied, and enforcement scrutiny when not....more
Since 2018, the Section 301 “China” tariffs of between 7.5% and 25% have been levied against critical components of the electric vehicle (EV) supply chain sourced from China.
In May 2022, the US Trade Representative (USTR)...more
If a picture is worth a thousand words, the “photo-op” of the president test driving Ford’s new electric F-150 in May of 2021 was the burning image that foretold the US policy direction for the electric mobility...more
1/26/2023
/ Automotive Industry ,
Customs and Border Protection ,
Electric Vehicles ,
Enforcement ,
Imports ,
Inflation Reduction Act (IRA) ,
Infrastructure Investment and Jobs Act (IIJA) ,
Manufacturers ,
Supply Chain ,
Tariffs ,
United States-Mexico-Canada Agreement (USMCA)
On January 11, 2023, a dispute settlement panel organized under the United States – Mexico – Canada Agreement (USMCA) released its Final Report in regard to a complaint lodged by Mexico and supported by Canada that the US was...more
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
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
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
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
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)
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