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
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
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
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
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 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
- 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
7/10/2020
/ China ,
Economic Sanctions ,
Enforcement Actions ,
Exports ,
Federal Contractors ,
Financial Institutions ,
Forced Labor ,
Human Rights ,
Imports ,
Office of Foreign Assets Control (OFAC) ,
Risk Mitigation ,
Supply Chain
- 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
6/4/2020
/ Economic Sanctions ,
Energy Sector ,
Enforcement Actions ,
Exports ,
Imports ,
Iran ,
Maritime Transport ,
Metals ,
New Guidance ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Sanction Violations ,
Shipping ,
Supply Chain ,
Syria ,
Unfair or Deceptive Trade Practices ,
Vessels
- 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
- 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
- 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
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
3/10/2020
/ Airports ,
Coronavirus/COVID-19 ,
Economic Sanctions ,
Exports ,
Federal Funding ,
Health and Safety ,
Imports ,
Infectious Diseases ,
Manufacturers ,
Medical Supplies ,
Multinationals ,
New Guidance ,
Office of Foreign Assets Control (OFAC) ,
Public Health ,
Risk Assessment ,
Supply Chain ,
Trade Relations ,
Travel Restrictions ,
Travelers
- 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 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
2/10/2020
/ Aluminum Sales ,
Customs and Border Protection ,
Exclusions ,
Imports ,
National Security ,
Presidential Proclamations ,
Section 232 ,
Steel Industry ,
Supply Chain ,
Tariffs ,
Trade Expansion Act of 1962 ,
Trump Administration ,
U.S. Commerce Department ,
US Trade Policies
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 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
• 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
7/5/2019
/ Comment Period ,
EU ,
Imports ,
Public Comment ,
Public Hearing ,
Section 301 ,
Tariffs ,
Trade Act of 1974 ,
Trade Relations ,
US Trade Policies ,
USTR
At the end of 2018, the U.S. Court of International Trade (CIT) issued an opinion in One World Techs., Inc. v. United States. In that decision, Judge Choe-Groves concluded that U.S. Customs and Border Protection (CBP)...more
5/20/2019
/ Administrative Law Judge (ALJ) ,
Appeals ,
Asset Seizure ,
Court of International Trade ,
Customs and Border Protection ,
Exclusion Orders ,
Imports ,
Injunctions ,
Injunctive Relief ,
Interlocutory Appeals ,
International Trade Commission (ITC) ,
Irreparable Harm ,
Patent Infringement ,
Patents ,
Preliminary Injunctions ,
Section 337 ,
Separation of Powers ,
Subject Matter Jurisdiction ,
Tariff Act of 1930
• 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
5/14/2019
/ China ,
Customs and Border Protection ,
Exclusions ,
Exports ,
Imports ,
Notice and Comment ,
Section 301 ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies ,
USTR
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
4/26/2019
/ Administrative Procedure ,
Anti-Dumping Duty ,
Civil Monetary Penalty ,
Court of International Trade ,
Cross-Border Transactions ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Dismissal With Prejudice ,
Exports ,
Goods or Services ,
Imports ,
Right to a Jury ,
Seventh Amendment ,
Trade Remedies
• 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
4/12/2019
/ Ad Valorem Tax ,
Comment Period ,
Duties ,
EU ,
Government Investigations ,
Importers ,
Imports ,
Member State ,
Public Comment ,
Public Hearing ,
Section 301 ,
Tariff Classifications ,
Tariffs ,
Trade Act of 1974 ,
Trade Relations ,
USTR
• 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) 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
10/26/2018
/ Canada ,
Common Carriers ,
Cross-Border Transactions ,
Duty Free ,
Exports ,
Foreign Relations ,
Free Trade Agreements ,
Imports ,
Mexico ,
NAFTA ,
Reciprocity Rules ,
Shipping ,
Trade Relations ,
Transportation Industry ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
On Sunday, September 30, President Trump reached an agreement with the governments of Canada and Mexico to revise and modernize the North American Free Trade Agreement (NAFTA). Publishing the text of the new agreement just...more
10/10/2018
/ Agricultural Sector ,
Aluminum Sales ,
Automotive Industry ,
Canada ,
Copyright Infringement ,
Cross-Border Transactions ,
Dairy Farmers ,
Dispute Resolution ,
Exchange Rates ,
Exports ,
Forced Labor ,
Foreign Relations ,
Free Trade Agreements ,
Imports ,
Intellectual Property Protection ,
Internet Service Providers (ISPs) ,
Investor State Dispute Settlement (ISDS) ,
Mexico ,
NAFTA ,
Section 232 ,
Steel Industry ,
Sunset Provisions ,
Tariffs ,
TPA Agreement ,
Trade Relations ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies ,
USTR
• 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