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.
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%.
April Trade Law Update: Court Decisions
Court of International Trade
Summary of Decisions
19-41
On April 1, 2019, the CIT sustained and further remanded Commerce’s remand redetermination in the 2014-2015 administrative review of the antidumping duty order on welded carbon steel standard pipe and tube products from Turkey. Commerce’s action on remand negated the statutory drawback adjustment that Plaintiff Toscelik earned by exporting its finished product to the United States and impinges on the agency’s ability to make a fair comparison. Commerce reasonably relied on Plaintff Toscelik’s questionnaire responses and concluded that Commerce’s grant of circumstances of sale adjustment was supported by substantial evidence.
April Trade Law Update: U.S. International Trade Commission and U.S. Customs & Border Protection
U.S. International Trade Commission
Section 701/731 Proceedings
Investigations
- Certain Pasta from Italy and Turkey: On April 10, 2019, the ITC announced its determination that the revocation on certain pasta from Italy and Turkey would lead to the continuation or recurrence of material injury to an industry in the United States.
- Cast Iron Soil Pipe from the People’s Republic of China: On April 12, 2019, the ITC announced its final determinations in the AD and CVD investigation that industries in the US would be materially injured by the importation of the subject merchandise.
- Larges Diameter Welded Pipe from Canada, Greece, Korea, and Turkey: On April 19, 2019, the ITC announced its final determination that an industry in the United States is materially injured by the importation of the subject merchandise.
- Steel Propane Cylinders from China and Thailand: On April 29, 2019, the ITC issued a revised schedule of the final Phase of the Countervailing Duty and Anti-Dumping Duty Investigations.
- Certain Large Residential Washers from Korea and Mexico: On April 30, 2019, the ITC released its final determinations on whether or not the continuation of the subject merchandise from these countries would continue to cause material injury in the United States.
April Trade Law Update: U.S. Department of Commerce Decisions
Investigations
- Laminated Woven Sacks from the Socialist Republic of Vietnam: On April 11, 2019, Commerce released its final AD and CVD determinations.
Administrative Reviews
- Stainless Steel Bar from Brazil: On April 12, 2019, Commerce released the final results of the Antidumping Duty Administrative Review (2017).
- Uncovered Innerspring Units from the People’s Republic of China: On April 18, 2019, Commerce released the final results of the Antidumping Duty Administrative Review (2017-2018).
- Large Power Transformers from the Republic of Korea: On April 19, 2019, the final results of the Antidumping Duty Review (2016-2017) were released.
- Light-Walled Rectangular Pipe and Tube from Mexico: On April 22, 2019, Commerce released its final results for the Antidumping Duty Administrative Review (2016-2017).
- Certain Steel Nails from the People’s Republic of China: On April 24, 2019, the final results of the Antidumping Duty Administrative review and Final determination of No Shipments (2016-2017) were released.
- Hydrofluorocarbon Blends from the People’s Republic of China: On April 25, 2019, the final results of the Antidumping Duty Administrative review and final determination of No Shipments (2016-2017) were released.
- Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China: On April 25, 2019, the final results of the Countervailing Duty Administrative Review (2016) were released.
- Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China: On April 26, 2019, the final results of the Antidumping Duty Administrative Review and final determination of No Shipments (2016-2017) were released.
- Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: On April 29, 2019, Commerce released the final results and final determination of No Shipments of the Antidumping Duty Administrative Review (2016-2017).
- Certain Hot-Rolled Steel Flat Products from Australia: On April 30, 2019, Commerce released the final results of the Antidumping Duty Administrative Review (2016-2017).
April Trade Law Update: Presidential Actions
USTR Proposes Products for Tariff Countermeasures in Response to Harm Caused by EU Aircraft Subsidies
On April 8, 2019, the World Trade Organization (WTO) found that the European Union subsidies to Airbus had caused adverse effects to the United States. The Office of the United States Trade Representative (USTR) began its process under Section 301 of the Trade Act of 1974 to identify products of the EU to which additional duties may be applied until the EU removes these subsidies. The USTR released a preliminary list of EU products to be covered by these additional duties.
United States Prevails on “Zeroing” Again: WTO Panel Rejects Flawed Appellate Body Findings
On April 9, 2019, U.S. Trade Representative Robert Lighthizer announced that a World Trade Organization (WTO) panel had found in favor of the United States in a dispute involving the use of “zeroing” in calculating antidumping duties. This dispute concerned a challenge by Canada to an antidumping investigation of softwood lumber products.
Petition Summary: Vertical Metal File Cabinets from China
On April 30, 2019, Petitioner Hirsh Industries, LLC filed a petition for the imposition of antidumping and countervailing duties on imports of vertical metal file cabinets from the People’s Republic of China.
President Trump to End Sanctions Waivers for Iranian Oil
On April 21, 2019, the White House announced that President Trump has decided not to reissue the Iranian oil sanctions waivers, called “Significant Reduction Exceptions” (SREs) when they expire in early May. The White House statement explained that “[t]his decision is intended to bring Iran’s oil exports to zero, denying the regime its principal source of revenue.”
Petition Summary: Dried Tart Cherries from Turkey
On April 22, 2019, Petitioner the Dried Tart Cherry Trade Committee filed a petition for the imposition of antidumping and countervailing duties on imports of dried tart cherries from the Republic of Turkey.
Petition Summary: Ceramic Tile from China
On April 10, 2019, Petitioner the Coalition for Fair Trade in Ceramic Tile filed a petition for the imposition of antidumping and countervailing duties on imports of Ceramic Tile from the People’s Republic of China.