Husch Blackwell announces its December Trade Law Newsletter on key issues and announcements related to International Trade and Supply Chain.
On December 28, 2018, the United States Trade Representative (“USTR”) published in the Federal Register the first notice granting product exclusions for specific products from the Section 301 tariffs subject to an additional 25% duty effective July 6, 2018. The exclusions apply only to the $34 billion worth of Chinese tariffed products from Tranche 1. These exclusions will extend for one year from the date of publication of the notice. Continue Reading USTR Grants First Round of Product Exclusions
With the year winding down, we have prepared a comprehensive timeline and summary of the tariff actions of 2018, including the Section 232 steel and aluminum tariffs and Section 301 tariffs on China. We have also provided information on retaliatory tariffs imposed on the U.S. by other countries during this same timeframe. Continue Reading The New Era of Tariffs: A Section 232 and Section 301 Timeline for 2018
On December 14, 2018, the Office of the United States Trade Representative announced that they would be postponing the date on which the rate of additional duties would increase to 25% for the products covered under the third phase of Section 301 tariffs covering $200 billion worth of goods currently subject to 10% tariffs Continue Reading USTR Announces Delay in Increase of Section 301 List 3 Duty Rate
Husch Blackwell announces its monthly trade update on key issues and announcements related to International Trade and Supply Chain.
Late on September 30, 2018, the United States and Canada reached a new trade agreement (the USMCA) that addresses many of the contentious issues that delayed Canada from rejoining the countries’ trilateral trade agreement (NAFTA).
In a joint statement, Canadian Foreign Affairs Minister Chrystia Freeland and U.S. Trade Representative Robert Lighthizer said that the new agreement “will give our workers, farmers, ranchers, and business a high-standard trade agreement that will result in freer markets, fairer trade and robust economic growth in our region. It will strengthen the middle class, and create good, well-paying jobs and new opportunities for the nearly half billion people who call North America home.” Continue Reading United States-Mexico-Canada Agreement (“USMCA”), the NAFTA Replacement
On September 27, 2018, Senators Marco Rubio (R) and Bill Nelson (D) introduced legislation that would give producers of seasonal fruits and vegetables standing to seek trade remedy relief. The proposed bill would amend the Tariff Act of 1930 to expand the criteria needed for petitioners to have standing to request the imposition of antidumping or countervailing duties.
On September 17, 2018, USTR finalized a list of 5,745 imported products from China (referred to as “List 3”) for which additional tariffs are to be collected starting September 24, 2018 at a rate of 10 percent, rising to 25 percent starting January 1, 2019. The value of List 3 goods is estimated at approximately $200 billion. The Federal Register notice for this announcement was published on Friday, September 21, 2018 and differs somewhat from the Section 301 tariff announcements previously published for List 1 and List 2.
On September 20, 2018, President Trump released a 16-page Executive Order which delegated various Presidential powers established under the Countering America’s Adversaries Through Sanctions Act (“CAATSA”) to both the U.S. Secretary of Treasury and the U.S. Secretary of State. As a result of this delegation, the U.S. Treasury Department‘s Office of Foreign Assets Control (“OFAC”) and the U.S. State Department are now empowered to take actions which include (but are not limited to) designating parties to be sanctioned under various CAATSA provisions, selecting the specific menu-based sanctions to be imposed upon those parties and implementing those menu-based sanctions (we previously covered the CAATSA statute here, here and here). OFAC also updated its website to provide an additional FAQ response explaining the new Executive Order and indicating that it anticipates promulgating regulations to implement these sanctions.
On Tuesday, September 18, 2018, the Office of the U.S. Trade Representative (USTR) announced a process for obtaining product exclusions from the 25% tariffs on certain products imported from China as a response to the Section 301 investigation on China’s trade practices.