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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).

Last week a decision was released in a dispute between the US and Canada related to Canada’s dairy tariff-rate quotas (TRQ) under the United States-Mexico-Canada Agreement (USMCA). The dispute settlement panel found that certain Canadian restrictions on use of the TRQs are in violations of its obligations under the free trade agreement. Specifically, the Panel found that Canada has breached its USMCA Article 3.A.2.11(b) commitments by “reserving TRQ pools exclusively for the use of processors.”

The Office of the United States Trade Representative (“USTR”) announced that the Department of the Treasury has reached an agreement with Austria, France, Italy, Spain, and the United Kingdom regarding the treatment of Digital Services Taxes (“DSTs”). The Department of Treasury reached the agreement in conjunction with the Organization for Economic Co-operation and Development (“OECD”) global agreement. In coordination with the Department of Treasury, USTR plans to work together with these governments to ensure implementation of the agreement and rollback of existing DSTs.

The United States and European Union (“EU”) announced a “cooperative framework” to address and potentially resolve their long-running dispute over large civil aircraft subsidies, also commonly known as the BoeingAirbus or Large Civil Aircraft disputes.  Originally initiated in 2004 when the U.S. filed a case at the World Trade Organization (“WTO”)

In a joint statement released by the Office of the United States Trade Representative (“USTR”), the U.S. and European Union (“EU”) have agreed to temporarily suspend the additional tariffs from the Large Civil Aircraft Dispute. Goods imported from EU countries, including dairy products and liquors, will temporarily not be subject to the additional 25 percent

The U.S. Trade Representative (“USTR”) in consultation with relevant U.S. industry issued a notice stating that it is “unnecessary” to revise the Section 301 tariffs related to large civil aircraft subsidies provided by the European Union. The notice states that USTR will “continue to consider the action taken in the investigation” but can be understood

The U.S. Trade Representative (“USTR”) is indefinitely suspending the Section 301 tariffs on certain handbags and cosmetics from France resulting from the investigation into France’s Digital Services Tax (“DST”). These additional tariffs were announced by USTR in July 2020 and were scheduled to go into effect on January 6, 2021. USTR is suspending the tariffs

As previously reported, since October 18, 2019 the U.S. has imposed additional duties on various European origin goods (including aircraft, certain textiles and wearing apparel, hardware, cheeses, and other agricultural goods) due the ongoing Large Civil Aircraft (LCA) dispute with the European Union (EU).

On December 30, 2020, the U.S. Trade Representative (USTR) announced

On December 24, 2020, the United Kingdom (“UK”) and European Union (“EU”) agreed on a Trade and Cooperation Agreement to facilitate free trade between the UK and EU following the UK’s official exit from the EU on January 2, 2020. The UK Parliament approved the agreement and Prime Minister Boris Johnson signed it into law

United States Trade Representative (“USTR”) announced the very first enforcement action under the United States-Mexico-Canada Agreement (“USMCA”) to address Canada’s tariff-rate quotas (“TRQs”) on imported dairy products, which the USTR alleges are in violation of various USMCA Articles to the detriment of U.S. dairy producers. USTR’s announcement follows complaints from U.S. dairy farmers and Members of Congress received earlier this year over Canada’s use of TRQs.  USTR stated in its announcement that it was “disappointed that Canada’s policies have made this first ever enforcement action under the USMCA necessary to ensure compliance with the agreement.”

The European Union (EU) has imposed additional tariffs on approximately $4 billion worth of U.S. goods, after a World Trade Organization (WTO) decision last month authorized proportionate retaliation against the U.S. for its subsidies to Boeing.  According to the European Commission’s (EC) Implementing Regulation (“the Regulation”), published in the Official Journal of the European Union