On September 1, 2020, Commerce announced in the Federal Register the opportunity to request an annual administrative review for products that are currently subject to antidumping and countervailing duties. In addition to administrative reviews, Commerce has included an opportunity to request a new suspension agreement proceeding pertaining to fresh tomatoes from Mexico.
USTR Grants Extensions to Some Section 301 List 4 Product Exclusions, Allowing Most to Expire
The Office of the U.S. Trade Representative (“USTR”) issued extensions for previously granted product exclusions under List 4 of the Section 301 tariffs on imports from China. USTR is extending the duty exemptions for only 87 of the approximately 248 product exclusions published to date under List 4, allowing for more than 150 to expire on September 1, 2020. The products for which exclusions have not been extended will be subject to the 7.5% tariff beginning on September 2, 2020.
EU Lifts Tariffs on U.S. Lobsters; U.S. Agrees to Limited Rollback on Certain Products
On August 21, 2020, the United States Trade Representative Robert Lighthizer and European Union (EU) Commissioner Phil Hogan issued a joint statement, announcing that both parties would reduce tariffs on certain goods. Specifically, the EU has agreed to eliminate tariffs on imports of U.S. live and frozen lobster products. The elimination of these tariffs
USTR Announces New Section 301 Product Exclusions for List 3
The Office of the U.S. Trade Representative (“USTR”) issued two (2) new product exclusions pertaining to the Section 301 List 3 tariffs. The current tariff is 25%. The new exclusions include 2 specific product descriptions that together cover 2 separate exclusion requests. According to the USTR, the product exclusions apply retroactively from September 24, 2018
Updated CBP Marking Guidance on Goods from Hong Kong; Effective Date Pushed Back to November 9, 2020
On August 10, 2020, U.S. Customs and Border Protection (CBP) issued a notice announcing that goods produced in Hong Kong and exported to the U.S. must now be marked as a product of China (e.g., Made in China), which we covered in a previous post here. The marking changes were originally set
USTR Requests Comments on China’s WTO Compliance
The Office of the U.S. Trade Representative (USTR) requests comments to assist in the preparation of its annual report to Congress on China’s compliance with commitments made in connection to its accession to the World Trade Organization (WTO) in 2001. The deadline for the submission of comments is September 16, 2020. The interagency Trade Policy
Commerce Proposes Modifications to AD/CVD Laws to Strengthen Enforcement
The U.S. Department of Commerce (“Commerce”) announced in a Federal Register notice that it is proposing significant changes to its antidumping and countervailing duty regulations. The last time such sweeping changes were undertaken were in 1997 after the WTO went into effect. Commerce is requesting comments on the proposed changes by September 14, 2020.
Among the most significant changes outlined in Commerce’s proposal are the changes to its conduct of scope proceedings, which determine whether a certain product is subject to the scope of an AD or CVD order; and to circumvention proceedings where importers are alleged to be avoiding duties, often by using components from the subject country to assemble the product in another country not subject to the relevant AD/CVD order. Currently, both types of proceedings are governed by the same set of regulations in 19 C.F.R. §351.225. Commerce’s proposal would separate the two proceedings into unique regulatory frameworks.
Update: Goods from Hong Kong and China Tariffs
On August 10, 2020 Customs issued a notice announcing that goods produced in Hong Kong and exported to the U.S. must now be marked as a product of China (e.g., Made in China). To see our previous post on the issue, click here. The marking changes are set to take effect on September 25,
USTR Revises List of EU Imports Subject to Section 301 Tariffs
The Office of the U.S. Trade Representative (USTR) issued an updated list of goods from the European Union (EU) subject to Section 301 tariffs as part of the Large Civil Aircraft dispute. In October 2019, the World Trade Organization ruled in favor of the U.S. and Boeing in the dispute against the EU and Airbus,
CBP Issues Marking Guidance for Goods Produced in Hong Kong
On August 10, 2020, U.S. Customs & Border Protection (CBP) issued a notice that goods produced in Hong Kong will need to be marked as a product of China starting on September 25, 2020. The marking changes are the result of the July 14, 2020 Executive Order on Hong Kong Normalization that ended Hong Kong’s special trade status.