On July 14, 2020, President Trump signed into law an Executive Order that ends Hong Kong’s differential treatment compared to the People’s Republic of China (“PRC” or “China”). The President’s action follows the Chinese government’s decision in late May to impose new national security legislation on Hong Kong that outlaws any act of “secession,” “terrorism,”
USMCA Set to Enter Into Force on July 1, 2020
The U.S.-Mexico-Canada Free Trade Agreement (USMCA) will displace NAFTA and become effective July 1, 2020. Though similar to NAFTA in many ways, key changes in the USMCA include provisions for digital trade, implementation of new local labor standards in the automotive sector, and the adjustment of the rules of origin for a wide variety of
USTR Releases Uniform Regulations for U.S.-Mexico-Canada Agreement (USMCA)
The Office of the U.S. Trade Representative (“USTR”) released the final implementing regulations of the U.S.-Mexico-Canada Agreement (“USMCA”) on June 3, 2020, an important step for when the USMCA goes into effect on July 1, 2020. The implementing regulations cover the interpretation, application, and administration of the rules of origin, textile and apparel
USTR Initiates Section 301 Digital Services Tax Investigations Covering India, the European Union and Several Other Countries
The Office of the U.S. Trade Representative (“USTR”) announced on June 2, 2020 that it is initiating Section 301 investigations on Digital Services Taxes (“DSTs”) adopted or under consideration by Austria, Brazil, Czech Republic, the European Union (“EU”), India, Indonesia, Italy, Spain, Turkey, and the United Kingdom (“U.K.”). The Section 301 DST investigations could lead
White House Issues Executive Order Providing Agencies with Regulatory Enforcement Discretion to Promote Economic Recovery
The Trump Administration issued its Executive Order on Regulatory Relief to Support Economic Recovery (the “EO”) on May 19, 2020 (Executive Order). The EO seeks to remedy the economic impact of the ongoing COVID-19 pandemic by removing certain administrative barriers and providing flexibility in the implementation and enforcement of other administrative provisions and
CBP Issues Guidance Update on Section 232 and Section 301 Exclusion Refunds
On May 1, 2020 U.S. Customs and Border Protection (CBP) published an update to their previous guidance on Section 232 product exclusions granted by the Department of Commerce (DOC) and Section 301 product exclusions granted by the United States Trade Representative (USTR). The CBP message stated that these exclusions may be retroactive for unliquidated entries
An Update on Trade Agreements Act Compliance and What “Manufacture” Means
Sorting through domestic preference requirements applicable to government contracts is no simple task. Different agencies like the DOD, FTA, FAA, FHWA, have their own rules applicable to certain programs. Exceptions from those rules can differ when a small business is making the offer. And the rules are subject to change. With the Court of Appeals
Commerce Department Proposes New Aluminum Import Licensing System
On April 29, 2020, the Commerce Department (“Commerce”) published a notice in Federal Register announcing that it is proposing new regulations that would establish an Aluminum Import Monitoring and Analysis System. The program appears to be modeled after the Steel Import Monitoring and Analysis (“SIMA”) System which has been in place since 2005. Under the
United States–Mexico–Canada Agreement (USMCA) Set to Take Effect July 1, 2020
On April 24, 2020, U.S. Trade Representative Robert Lighthizer notified Congress that Mexico and Canada had taken the necessary additional measures to comply with their commitments under the United States–Mexico–Canada Agreement (USMCA). The U.S. also notified the governments of Mexico and Canada that the U.S. had completed its domestic procedures to implement the USMCA. Mexico
USTR and ITC to Consider Trade Impacts on COVID-19 Response
The ongoing COVID-19 pandemic has impacted almost every aspect of law and public policy, and trade has certainly been no exception. Given that the supply chains for many critical medical supplies and forms of personal protective equipment (“PPE”) run through China, it was inevitable that this impact would affect the Section 301 investigation of