On Tuesday, May 21, 2019, USTR and the Office of Management and Budget (“OMB”) published in the Federal Register a request for comments on the Section 301 exclusion process for Tranche 3 tariffs which were increased from 10% to 25% on May 10, 2019. The notice also included a draft exclusion request form for the List 3 products. The draft exclusion request form includes more data requirements on U.S. and third-party sourcing, overall gross revenue, and on whether the company has applied for and/or received previous exclusion requests.
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U.S., Canada, and Mexico to Lift Duties on Section 232 Aluminum and Steel Products
On May 17, 2019, after numerous rounds of negotiations, the United States, Canada, and Mexico issued formal statements on lifting duties on Section 232 steel and aluminum products. While Canada and the U.S. explicitly stated that their respective tariffs would be lifted within the next two days, Mexico has yet to announce how quickly their retaliatory tariffs would end.
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White House Announces Delay on the Imposition of 232 Automobile Tariffs
On May 17, 2019, the White House issued a proclamation delaying the immediate institution of special additional tariffs on the imports of automobiles and automobile parts into the U.S.
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President Trump Removes GSP Status for Turkey and Reduces Tariff Rate on Turkish Steel
On May 16, 2019, the President announced that he would be terminating Turkey’s status as a beneficiary of specialized treatment pursuant to the U.S. Generalized System of Preferences program (GSP).
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China Hits Back With Higher Tariffs on $60B in U.S. Goods
On May 13, 2019, China’s Ministry of Finance announced that it will raise tariffs on $60 billion in U.S. goods, starting on June 1, 2019. This action was taken in retaliation for President Trump’s latest decision to raise tariffs on $200 billion worth of Chinese products from 10% to 25%.
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USTR Considering 4th Round of Tariffs on Chinese Goods
On May 13, 2019, the Office of the U.S. Trade Representative (USTR) released another round of proposed tariffs on Chinese goods worth roughly $325 billion. If these new tariffs come into effect, this would be the fourth round of tariffs in the ongoing and escalating trade war between the two countries. This proposed list of new tariffs came in response to China’s retaliatory tariff increase on $60 billion worth of U.S. products which was in response to the U.S.’s sudden and unprecedented increase of tariffs to 25% on the third round of Section 301 goods which had been in effect since September 24, 2018.
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USTR Publishes Notice on Increase in Section 301 List 3 Tariff Rate
On May 8, 2019, USTR released its federal register notice on the sudden tariff increase on 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.
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USTR and President Trump Threaten to Institute Massive and Sudden Increase in Section 301 List 3 Tariff Rate
On Monday, May 6, 2019, U.S. Trade Representative Robert Lighthizer piggybacking on the President’s tweet announced that the tariff rate on the third tranche (List 3) of Section 301 tariffs would be increased from 10% to 25% at 12:01am on May 10, 2019. Robert Lighthizer issued a statement that USTR plans to release a draft federal register notice on the tariffs today; however, nothing further has been published or announced in the Federal Register for Tuesday May 7, 2019.
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President Trump Announces Increase to Section 301 List 3 Tariff Rate and New Round of Tariffs
On Sunday, May 5, 2019, President Trump announced via Twitter that the tariff rate on the third tranche (List 3) of Section 301 tariffs would be increasing from 10% to 25% on Friday, May 10, 2019. According to the tweet, the reason for the increase is that the trade deal negotiations are moving “too slowly” and China’s attempt to “renegotiate.”
In the tweet the President also stated that an additional $325 billion dollars’ worth of goods “will be shortly” taxed at a rate of 25%.
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CIT Rules Section 232 Tariffs on Steel are Constitutional
On March 25, 2019, the Court of International Trade issued its decision in the American Institute for International Steel’s appeal on the institution of Section 232 tariffs on steel products. The CIT found that the Section 232 tariffs were constitutional and thus this decision results in the continuation of these tariffs for the foreseeable future.
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