The U.S. International Trade Commission (ITC) announced on October 11, 2019 the opening of its system for accepting petitions for tariff relief under the American Competitiveness Act of 2016 (commonly referred to as the Miscellaneous Tariff Bill or MTB). The MTB allows U.S. importers to petition for duty-free or reduced-duty treatment of imported products that
Nithya Nagarajan
Nithya’s extensive background in U.S. trade issues spans 25 years and includes various roles in a number of federal government agencies, including the Department of Commerce Department of Justice, and the U.S. Court of International Trade. She assists clients with administrative and regulatory actions before the Department of Commerce, International Trade Commission and U.S. Customs and Border Protection (CBP) and defends clients in appeals before the Court of International Trade, Court of Appeals for the Federal Circuit, NAFTA panels and the World Trade Organization. In addition to her body of U.S. experience, Nithya is also well-versed in international trade issues in China and India.
September 2019 Trade Law Update
In Husch Blackwell’s September 2019 Trade Newsletter you’ll find international trade and supply chain updates including presidential actions, U.S. Department of Commerce Decisions, U.S. International Trade Commission Proceedings, U.S. Customs & Border Protection Decisions, Court of International Trade Decisions, Federal Court of Appeals Decisions, and Export Controls and Sanctions.
If you have questions about September’s…
World Trade Organization Allows U.S. to Levy Tariffs on $7.5 billion on Exports from EU over Airbus Dispute
On October 2, 2019, the World Trade Organization (WTO) Arbitrator ruled in favor of the United States and Boeing in its dispute against the European Union and Airbus on the subsidies provided by the E.U. to Airbus. The ruling permits the U.S. to levy retaliatory tariffs on approximately $7.5 billion worth of European exports to…
Two New Sets of Section 301 Product Exclusions
On September 30, 2019, the Office of the U.S. Trade Representative (USTR) issued a Federal Register Notice announcing two new sets of product exclusions for Section 301 tariffs on goods from China. The newly granted exclusions cover 92 product exclusions from the first tranche of Section 301 tariffs, which went into effect on July…
U.S. Announces New Trade Agreement with Japan
On September 25, 2019, the U.S. Trade Representative (USTR) announced a new bilateral trade deal between the U.S. and Japan. According to the Office of the USTR, Japan will reduce or eliminate tariffs for certain American agricultural goods, while the U.S. will reduce or eliminate tariffs for certain agricultural imports from Japan. American agricultural goods…
Petition Summary: Glass Containers from the People’s Republic of China
On September 25, 2019, Petitioner American Glass Packaging Coalition filed a petition for the imposition of antidumping and countervailing duties on imports of Certain Glass Containers from the People’s Republic of China.
SCOPE OF THE INVESTIGATION
The merchandise covered by this investigation are certain glass containers with a nominal capacity of 0.059 liters (2.0 fluid…
Trump Delays Hike in Tariff Lists 1, 2, and 3 as Gesture of “Good Will”
On Wednesday, September 11, 2019, President Donald Trump posed an unexpected tweet that the United States would be delaying the implementation of the tariff increase from October 1, 2019 to October 15, 2019 as a “gesture of good will” towards China. Originally, President Trump had planned to increase the current 25% tariff rate on $250 billion…
August Trade Newsletter: Export Controls and Sanctions
In May of 2019, the US Department of Commerce’s Bureau of Industry and Security (“BIS”) added Chinese telecommunications giant Huawei Technologies Co. Ltd. (“Huawei”) and sixty-eight of its affiliated companies to BIS’s Entity List. These designations prohibit anyone, anywhere…
August Trade Law Update: Court Decisions
Court of International Trade
Summary of Decisions
On August 1, 2019, the CIT remanded Commerce’s remand redetermination in the administrative review of carbon and certain alloy steel wire rod from Mexico. The court found that Commerce’s remand results did not comply with the court’s order and the decision by Commerce to apply a 40.52% AFA-rate to Plaintiff Deacero is unsupported by substantial evidence.
On August 1, 2019, the court sustained Commerce’s remand redetermination in the first administrative review of steel concrete reinforcing bar from Mexico. The CIT found that Commerce’s decision not to collapse six non-producing fixed asset owning companies on remand complied with the court’s order and was supported by substantial evidence. Additionally, Commerce’s reliance on the cost experiences of the collapsed fixed asset owners to value the non-collapsed companies and decision not to apply total or partial facts available with an adverse inference to the respondent were sustained.
August Trade Law Update: U.S. International Trade Commission
Section 701/731 Proceedings
Investigations
- Magnesium from Israel: On August 5, 2019, the ITC released the schedule of the final phase of Countervailing Duty and Antidumping Duty Investigations.
- Fresh Tomatoes from Mexico: On August 7, 2019, the ITC released the schedule of the final phase of the Antidumping Duty Investigation.
- Steel Propane Cylinders from the People’s Republic of China and Thailand: On August 9, 2019, the ITC released the final determinations for both the Antidumping Duty and Countervailing Duty Investigations.
- Vertical Metal File Cabinets from the People’s Republic of China: On August 21, 2019, the ITC released the schedule of the final phase of the Countervailing Duty and Antidumping Duty Investigations.
- Glycine from Thailand: On August 21, 2019, the ITC announced in its final determination that it would be terminating the Countervailing Duty Investigation.
- Glycine from Thailand: On August 23, 2019, the ITC announced the final schedule of the final phase of the Antidumping Duty Investigation.
- Acetone from Belgium, Korea, Singapore, South Africa, and Spain: On August 26, 2019, the ITC released the schedule of the final phase of the Antidumping Duty Investigation.
- Carbon and Alloy Steel Threaded Rod from the People’s Republic of China, India, Taiwan, and Thailand: On August 27, 2019, the ITC released the schedule of the final phase of the Countervailing Duty and Antidumping Duty Investigations.
- Steel Trailer Wheels from the People’s Republic of China: On August 28, 2019, the ITC announced in its final determination that imports of the subject merchandise have caused material injury to a U.S. industry.