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On February 14, 2020, the Office of the U.S. Trade Representative (USTR) announced that it had completed its review of the current Section 301 tariffs due to the ongoing Large Civil Aircraft dispute with the European Union (EU).  As previously reported, various European goods (including aircraft, certain textiles and wearing apparel, hardware, cheeses, and other agricultural goods) were subject to additional duties due the ongoing Large Civil Aircraft dispute with the EU since October 18, 2019.

With this announcement, new airplanes and aircraft are now subject to additional duty of 15 percent (increased from 10 percent).

All other goods on the list will continue to be subject to an additional 25% duty (no increase).  Notably, only one tariff subheading was removed from the initial list (HTSUS Subheading 2009.89.40 – prune juice, concentrated or not concentrated).  One tariff subheading not on the initial list was added to the list (HTSUS Subheading 8214.90.60 – Butchers’ or kitchen chopping or mincing knives (o/than cleavers w/their handles)).

It is also important to note that while the United Kingdom is officially no longer a part of the EU, certain goods imported from the United Kingdom are still subject to this tariff action.

USTR indicates in the notice that the U.S. remains open to a negotiated settlement that addresses current and future subsidies to large civil aircraft provided by the EU and certain current and former Member States.  However, going forward, USTR may revise the action “as appropriate immediately upon any EU imposition of additional duties on U.S. products in connection with the Large Civil Aircraft dispute or with the EU’s WTO challenge to the alleged subsidization of U.S. large civil aircraft.”

We will continue to monitor this situation and will provide future updates as additional details become available.  If you have any questions regarding the Section 301 tariffs related to the Large Civil Aircraft Dispute, please contact Robert Stang, Emily Lyons or a member of Husch Blackwell’s International Trade and Supply Chain team.

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Photo of Emily Lyons Emily Lyons

Emily grew up on a northern Illinois dairy farm, and now helps clients bridge the gap from farm to fork. She guides clients on complex regulatory issues as they bring dairy products, beverages, fruits and vegetables, processed foods and other agricultural goods to…

Emily grew up on a northern Illinois dairy farm, and now helps clients bridge the gap from farm to fork. She guides clients on complex regulatory issues as they bring dairy products, beverages, fruits and vegetables, processed foods and other agricultural goods to market. At the intersection of agriculture, food and environment, Emily handles compliance matters such as labeling, marketing, permitting and agency inquiries including the Food Safety Modernization Act, Pasteurized Milk Ordinance, USDA National Organic Program and bioengineered food disclosure standard, Generally Recognized as Safe status for food additives and food contact substances, and the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65).

Photo of Robert Stang Robert Stang

Bob focuses his practice on customs and international trade law. He brings 30 years of experience to a wide range of issues that affect inbound and outbound goods, including tariff classification, valuation, country of origin marking matters, free trade agreements, and special trade…

Bob focuses his practice on customs and international trade law. He brings 30 years of experience to a wide range of issues that affect inbound and outbound goods, including tariff classification, valuation, country of origin marking matters, free trade agreements, and special trade programs. He also has extensive customs compliance experience and regularly assists importers facing U.S. Customs and Border Protection (CBP) audits, penalties, seizures, redelivery notices and other agency enforcement activities. Bob works with importers and exporters proactively to achieve cost savings and structure programs that meet CBP “reasonable care” requirements. He also handles supply chain security issues, including Customs-Trade Partnership Against Terrorism (C-TPAT) enrollment, verification and annual reviews.