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
Lawmakers Push for Duty Deferrals in Response to COVID-19 Pandemic
[APRIL 3 UPDATE] U.S. lawmakers of both parties in the House and the Senate, including House Minority Leader Kevin McCarthy (R-CA) and Sens. Pat Toomey (R-PA) and Dianne Feinstein (D-CA), have urged the Trump Administration to suspend tariff collections for at least 90 days to assist businesses that are hurting from the economic crisis caused
Key U.S. Agencies and Federal Courts Handling International Trade and Trade-Related Matters Begin to Adjust to COVID-19 Concerns
UPDATED: April 1, 2020 – Several U.S. executive branch agencies along with federal courts are instituting significant operational changes. These changes have either already been implemented or are anticipated at the U.S. government agencies and courts which manage international trade-related concerns in the coming weeks due to personnel and public safety concerns over the COVID-19
Commerce Modifies Countervailing Duty Regulations to Address Currency Undervaluation
The Commerce Department issued its final rule amending the countervailing duty regulations to address potential currency undervaluation. This revision to Commerce’s regulations will take effect in 60 days and will apply to all new investigations and administrative reviews that begin on or after April 6, 2020. The new rules would effectively clear the way for
President Trump Signs U.S.-Mexico-Canada Agreement (USMCA)
President Trump signed the implementing legislation for the USMCA yesterday, making the United States the second of the three countries, after Mexico last December, to sign the agreement. The USMCA will not take effect until 90 days after it is ratified by Canada. The Liberals currently operate a minority government, and while the Conservatives have
U.S.-Mexico-Canada Agreement (USMCA) Passes Senate
Today, the U.S.-Mexico-Canada Agreement (USMCA) passed the U.S. Senate by a vote of 89 to 10. While some Senators expressed disapproval over the deal for various reasons, passage of the USMCA enjoyed a great deal of bipartisan support after Democrats in the House of Representatives negotiated for more labor enforcement mechanisms that earned the endorsement