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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.

On October 11, 2018, the Department of Commerce (Commerce) announced that it is initiating antidumping duty investigations on Refillable Stainless Steel Kegs from Germany, Mexico, and the People’s Republic of China and concurrently initiating a countervailing duty investigation on imports from China.

Late on September 30, 2018, the United States and Canada reached a new trade agreement (the USMCA) that addresses many of the contentious issues that delayed Canada from rejoining the countries’ trilateral trade agreement (NAFTA).

In a joint statement, Canadian Foreign Affairs Minister Chrystia Freeland and U.S. Trade Representative Robert Lighthizer said that the new agreement “will give our workers, farmers, ranchers, and business a high-standard trade agreement that will result in freer markets, fairer trade and robust economic growth in our region. It will strengthen the middle class, and create good, well-paying jobs and new opportunities for the nearly half billion people who call North America home.”

On September 27, 2018, Senators Marco Rubio (R) and Bill Nelson (D) introduced legislation that would give producers of seasonal fruits and vegetables standing to seek trade remedy relief. The proposed bill would amend the Tariff Act of 1930 to expand the criteria needed for petitioners to have standing to request the imposition of antidumping or countervailing duties.

On September 18, 2018,  Petitioners Corsicana Mattress Company, Elite Comfort Solutions, Future Foam Inc., FXI, Inc., Innocor, Inc., Kolcraft Enterprises Inc., Leggett & Platt, Incorporated, Serta Simmons Bedding, LLC, and Tempur Sealy International, Inc. filed a petition for the imposition of antidumping duties on imports of mattresses from the People’s Republic of China.

On Tuesday, September 18, 2018, the Office of the U.S. Trade Representative (USTR) announced a process for obtaining product exclusions from the 25% tariffs on certain products imported from China as a response to the Section 301 investigation on China’s trade practices.

On Monday, September 17, 2018, the Office of the United States Trade Representative (USTR) finalized and released the list of  imported products from China  (approximately $200 billion)  for which additional tariffs are to be collected.  According to President Trump, the initial tariffs will take effect on September 24, 2018 at a rate of 10 percent.  At the direction of the President, he has instructed the USTR to, “increase the level of trade covered by the additional duties in order to obtain elimination of China’s unfair policies.”  Subsequently starting on January 1, 2019 this will increase to 25 percent.