On December 26, 2023, the United States Trade Representative (“USTR”) announced that it will further extend 352 reinstated exclusions and 77 COVID-related exclusions to duties imposed on goods from China pursuant to Section 301 of the Trade Act of 1974 until May 31, 2024. USTR imposed Section 301 duties in four tranches or “lists,” and
International Trade Law: 2022 Year in Review & Outlook for 2023
We are pleased to announce that our team’s fourth-annual international trade law year-in-review report was published just before the New Year. In it, we take a detailed look at how 2022 played out and explore how 2023 might develop. As companies continue to work through the challenges associated with supply chain dislocations, geopolitical turmoil, and…
Download Report | International Trade Law: 2021 Year in Review & Outlook for 2022
Husch Blackwell’s third-annual international trade law year-in-review report provides a detailed look at how 2021 played out and takes a peek at how 2022 might develop. As companies begin to strategize on what a second year of the Biden administration will bring, we hope the framework presented in our report will help your business maximize potential cost savings and minimize potential risks as enforcement activity continues to rise and supply chains remain under pressure well into the coming year.
Supreme Court Declines Comcast’s Challenge to the ITC’s Jurisdiction, Thus Confirming the Broad Reach of Section 337
Entering October Term 2019, the U.S. Supreme Court had never reviewed a Section 337 investigation. However, some court-watchers thought that Comcast Corporation v. International Trade Commission might have the right ingredients to break that 90-year streak: a former U.S. Solicitor General representing the petitioners; allegations that Chevron deference had led to regulatory overreach; and a…
July Trade Law Update: U.S. International Trade Commission and U.S. Customs & Border Protection
U.S. International Trade Commission
Section 701/731 Proceedings
Investigations
- Quartz Surface Products from the People’s Republic of China: On July 5, 2019, the ITC released the final determinations in the Antidumping Duty and Countervailing Duty Investigations.
- Steel Trailer Wheels from the People’s Republic of China: On July 23, 2019, the ITC released the final revised schedule for the Antidumping and Countervailing Duty Investigations.
- Polyester Textured Yarn from the People’s Republic of China: On July 29, 2019, the ITC released the final schedules for the Final Phase of the Countervailing Duty and Antidumping Duty Investigations.
June Trade Law Update: U.S. International Trade Commission and U.S. Customs & Border Protection
U.S. International Trade Commission
Section 701/731 Proceedings
Investigations
- Mattresses from the People’s Republic of China: On June 13, 2019, the ITC released the schedule for the final phase of the Antidumping Duty Investigation.
- Fresh Tomatoes from Mexico: On June 14, 2019, the ITC announced the resumption of the final phase of the Antidumping Duty Investigation.
- Stainless Steel Kegs from the People’s Republic of China, Germany, and Mexico: On June 17, 2019, the ITC released the schedule of the Final Phase of Countervailing and Antidumping Duty Investigations.
- Glycine from the People’s Republic of China, India, Japan: On June 21, 2019, the ITC released the final determinations in the Antidumping Duty and Countervailing Duty investigations.
- Aluminum Wire and Cable from the People’s Republic of China: On June 28, 2019, the ITC released the schedule for the final phase of the Countervailing Duty and Antidumping Duty Investigations.
May Trade Law Update: Presidential Actions
USTR Publishes Notice on Increase in Section 301 List 3 Tariff Rate
On May 8, 2019, USTR released its federal register notice on the tariff increase for the third tranche (List 3) Section 301 tariffs on China. The duty rate on the estimated $200 billion worth of Chinese products will increase from 10% to 25% effective 12:01am ET on Friday, May 10, 2019. The notice also announces that an exclusion process will be instituted for these products in a separate notice.
The rate increase to 25% means that entries of goods
- entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on May 10, 2019, and
- exported to the United States on or after May 10, 2019 will now be subject to an additional tariff of 25%. Entries must be subject to both qualifiers-meaning that if a shipment has been exported prior to May 10, 2019 it will still be subject to the 10% duty rate. However, if the shipment is exported after 12:01am ET on May 10 the 25% duty rate will apply. To see our full post, click here.
International IP Issues for Startups
Congratulations! You have developed or launched an innovative new product or service, and your business dreams are becoming a reality. It’s all very exciting. One thing you may not have considered much, however, is whether your innovations or brand are susceptible to infringement in the international context. Will competitors try to make a knock-off product or steal your trade secrets? Are foreign companies going to ship infringing articles to the U.S. market? Protecting your intellectual property (IP) is key. Here are some fundamental suggestions to thwart such threats to your growing business.