International Trade Remedies

The U.S. Court of International Trade (“CIT” or “the Court”) ruled in an opinion issued on April 5, 2021, that Proclamation 9980 subjecting steel and aluminum “derivatives” to 25 percent tariffs under Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. § 1862) is invalid because of a failure to comply with statutory time limits.

On March 31, 2021, the Organic Soybean Processors of America, American Natural Processors, LLC, Lester Feed & Grain Co., Organic Production Services, LLC, Professional Proteins Ltd., Sheppard Grain Enterprises, LLC, Simmons Grain Co., Super Soy, LLC, and Tri-State Crush (“Petitioners”), filed a petition for the imposition of antidumping and countervailing duties on imports of organic soybean meal from India.

On April 1, 2021, the Department of Commerce (“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. The products and countries that have been listed in the Federal Register notice are the following:

AD

  • Argentina: Biodiesel
  • India: Carbon and

On April 1, 2021, the U.S. Department of Commerce published a notice initiating new administrative reviews for antidumping duty (AD) and countervailing duty (CVD) orders with February anniversary dates. Listed below are the countries and products named in the notice:

  1. India
    1. Certain Frozen Warmwater Shrimp (A-533-840)
    2. Stainless Steel Bar (A-533-810)
    3. Certain Cold-Drawn Mechanical Tubing of

The United States Trade Representative (“USTR”) announced the continuation of certain Section 301 investigations related to digital services taxes (“DSTs”) and the termination of certain others.  USTR originally initiated Section 301 DSTs investigations covering several countries on June 2, 2020 in response to those countries’ implementation or consideration of DSTs, which are taxes on revenues

The Office of the U.S. Trade Representative (“USTR”) published a notice of product exclusion extensions on March 10, 2021 to extend exclusions from additional Section 301 tariffs for certain medical-care products from China. USTR has extended these product exclusions from March 31, 2021 to September 30, 2021. The product exclusions were previously extended and modified