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200% Tariff Imposed on Russia Aluminum; CBP Releases Extensive New Reporting Requirements for Covered Aluminum and Derivative...

Key Points - On February 24, the one-year anniversary of Russia’s invasion of Ukraine, President Joe Biden announced, via Presidential Proclamation 10522, an additional 200% ad valorem tariff on Russian origin aluminum...more

USTR Releases Section 301 China Tariff Necessity Review Comment Form

On November 1, USTR released a comment form prescribing the submission format for public comments in the “necessity review” process for the Section 301 China tariffs. USTR first announced the public comment phase of the...more

International Trade and Customs Alert: New UFLPA Compliance Guidance: An Overview for US Importers and Supply Chain Partners

Key Points - On June 21, 2022, CBP began enforcing the UFLPA’s revisions to section 307 of the Tariff Act of 1930—19 U.SC. § 1307—by applying a rebuttable presumption that the following goods are prohibited from...more

The Uyghur Forced Labor Prevention Act: What U.S. Companies with China-Based Supply Chains Should Know

Key Points - On December 23, 2021, President Biden signed the UFLPA into law after it unanimously passed both chambers of Congress. The UFLPA aims to strengthen the forced labor statute by prohibiting the importation and...more

Court of International Trade Issues Preliminary Injunction in Unprecedented Section 301 Litigation

Yesterday, in the unprecedented “In re Section 301 Cases” litigation, the U.S. Court of International Trade (CIT) entered a preliminary injunction that suspends the liquidation of plaintiffs’ unliquidated entries from China...more

CBP Issues Region-Wide Ban on Xinjiang Cotton and Tomato Products

CBP has issued a “region-wide” WRO on cotton and tomato products “grown or produced” by entities “operating in” the XUAR. In a press release, CBP states that the order covers “apparel, textiles, tomato seeds, canned tomatoes,...more

U.S. Agencies Issue Business Advisory Warning of Xinjiang-Related Supply Chain Exposure and OFAC Imposes Blocking Sanctions on...

- On July 1, the Departments of Commerce, Homeland Security, State, and the Treasury issued a joint advisory on the “Risks and Considerations for Businesses with Supply Chain Exposure to Entities Engaged in Forced Labor and...more

U.S. Sanctions Compliance Guidance Released for the Global Maritime, Energy and Metals Sectors

- On May 14, 2020, OFAC, the Department of State and the U.S. Coast Guard jointly released guidance for persons involved in the maritime industry regarding common deceptive shipping practices used to subvert U.S. and United...more

Executive Order and CBP Rule Authorize 90-Day Duty Deferral for Certain Imports

- On April 18, 2020, President Trump issued an Executive Order authorizing temporary deferral of certain duty payments, which CBP implemented via a Temporary Final Rule on April 20, 2020 - Importers of record who have...more

USTR Requests Comments on Section 301 Tariffs on COVID-19 Related Products

- Late on Friday, March 20, 2020, USTR announced that it has opened a new public comment period for businesses and government agencies to request additional product exclusions from Section 301 duties for certain...more

Forced Labor: Government and Industry Groups Intensify Focus on Xinjiang

- Recent actions by the U.S. government and NGOs have intensified international focus on labor conditions in China’s Xinjiang Uyghur Autonomous Region (XUAR) and companies that allegedly source materials and labor from the...more

International Trade Impacts of The Coronavirus: Update On Government And Industry Actions And Key Considerations For Trade...

The new coronavirus, SARS-CoV-2, and the disease it causes, COVID-19, have created diverse, complex, and immediate challenges for world governments, multinational businesses, and other international institutions and projects....more

New Executive Order Targets Evasion of Customs Laws and International Posts in Light of DHS Action Plan to Combat the Rise of...

- On January 24, 2020, the DHS released a report (“DHS Report”) on the global trade in counterfeit goods, outlining a series of recommendations and actions that should be taken by CBP, ICE and the private sector to combat the...more

President Trump Expands Section 232 Tariffs on Aluminum and Steel; Calls for New Product Exclusion Application Process

- President Trump issued Presidential Proclamation 9980 on January 24, 2020, expanding the product scope of existing tariffs imposed under Section 232 of the Trade Expansion Act of 1962 on certain articles of aluminum and...more

The Federal Circuit En Banc Expands U.S. Customs and Border Protection’s Authority To Enforce Antidumping and Countervailing Duty...

The U.S. Court of Appeals for the Federal Circuit (Federal Circuit) rarely sits en banc to address international trade issues that fall within its subject matter jurisdiction. It last did so nearly five years ago in Suprema,...more

The 2019 Miscellaneous Tariff Bill Petition Process Is Now Open

• The MTB process allows importers to petition to suspend or reduce normal duties paid on certain imported products for three years, as approved by Congress. • The petition process opened on October 11, 2019 and interested...more

USTR Considering Additional $4 Billion in European Products for Special Duties

• The USTR will consider a second list of products, totaling $4 billion in imports, to include in its proposed duties of up to 100 percent ad valorem on EU imports. • The additional list covers 89 separate 8-digit HTSUS...more

USTR Increases Section 301 Tariffs on List 3 Products to 25% and Announces Additional Tariffs on Remaining Imports from China

• Following a setback in U.S.-China trade negotiations, the USTR has increased the Section 301 List 3 additional duty rate on $200 billion of Chinese-origin products from 10% to 25% (the rate already in effect for $50 billion...more

CIT: Neither Section 1592 Nor the Seventh Amendment Guarantees a Right to Have a Jury Determine The Amount of Customs Penalties

In a variety of contexts, U.S. government agencies regulating international trade and the cross-border movement of goods and services possess significant civil and criminal penalty authority. For example, the primary agency...more

Importers to Face Additional Duties on European Goods

• USTR has proposed to impose additional duties of up to 100 percent ad valorem on $21 billion of imports from EU member states as a result of a dispute concerning aircraft subsidies. • The proposed duties would apply to...more

USTR Grants First Product Exclusion Requests from Section 301 Tariffs

• Late on Friday, December 21, 2018, the United States Trade Representative (USTR) quietly announced that it has granted the first product exclusions for products covered by “List 1” of the Section 301 tariffs, effective...more

The New United States-Mexico-Canada Agreement (USMCA) Raises Canada’s and Mexico’s De Minimis Thresholds, but the Reciprocal...

• The new United States-Mexico-Canada Agreement (USMCA) would increase Mexico’s and Canada’s de minimis thresholds for express shipments to $117 USD and $150 CAD for duty-free entry, respectively, and $50 USD and $40 CAD for...more

European Court of Justice: Intercompany Pricing Cannot Be Used For EU Import/Customs Purposes If Subject to Adjustments

• A recent judgment of the European Court of Justice for bars the use of intercompany transfer prices for EU imports and EU customs duty purposes if (as is commonly the case) these are subject to retroactive adjustments. ...more

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