On April 15, 2018, the Department of Commerce’s Bureau of Industry and Security (“BIS”) issued a denial order against ZTE Corporation and ZTE Kangxun Telecommunications Ltd. (collectively “ZTE”), effectively banning U.S. companies from providing components to ZTE because the company had failed to comply with the terms of a disciplinary agreement reached in March 2017 arising from violations of U.S. export control restrictions against Iran and North Korea. It is estimated that U.S. companies provide nearly 25-30 percent of the components used in ZTE products. ZTE’s U.S. subsidiary advertises that it has been ranked by independent industry analysts as the fourth-largest supplier of mobile devices in the U.S. overall and second-largest supplier of prepaid devices.
Petition Summary: Quartz Surface Products from China
On April 17, 2018, Cambria Company LLC filed a petition for the imposition of antidumping and countervailing duties on imports of Quartz Surface Products from the People’s Republic of China.
SCOPE OF THE INVESTIGATION
The merchandise covered by the investigation is certain quartz surface products. Quartz surface products consist of slabs and other surfaces created from a mixture of materials that includes predominately silica (e.g., quartz, quartz powder, cristobalite) as well as a resin binder (e.g., an unsaturated polyester). The incorporation of other materials, including but not limited to pigments, cement or other additives, does not remove the merchandise from the scope of the investigation. Quartz surface products are typically sold as slabs with a total surface area of approximately 45 to 60 square feet and a nominal thickness of 1 centimeter, 2 centimeters, or 3 centimeters. However, the scope of this investigation includes products of all sizes, thicknesses, and shapes. Quartz surface products are covered by the investigation whether polished or unpolished, cut or uncut, fabricated or not fabricated, cured or uncured, edged or not edged, finished or unfinished, thermoformed or not thermoformed, further processed or not further processed, packaged or unpackaged, and regardless of the type of surface finish.
USTR to Review the GSP Eligibility of India, Indonesia and Kazakhstan
The Office of the United States Trade Representative (USTR) announced that it will conduct a review to determine if India, Indonesia and Kazakhstan are meeting the eligibility criteria of the Generalized System of Preferences (GSP) program. The reviews are part of the administration’s new triennial process to assess beneficiary country eligibility under the GSP program…
China Announces New Retaliatory Tariffs on U.S. Goods
The Chinese Ministry of Commerce announced on Sunday that it would be imposing duties on 128 different U.S. products beginning today, April 2. They provided the list of products last week, particularly targeting U.S. agriculture. The tariffs are on an estimated $3 billion worth of goods.
There will be a tariff of 15% on commodities such as fruits and nuts, wine, seamless steel pipes and modified ethanol. The 15% tariff will apply to 120 tariff lines, including the following:
United States Exempts South Korea from Section 232 Steel Tariffs in Exchange for a Quota?
The Office of the U.S. Trade Representative (USTR) announced that it had reached an agreement with South Korea to provide the country with a long term exemption from the 25 percent tariff on steel products imposed by the President under Section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862). Instead,…
Congress Renews Generalized System of Preferences (GSP) with Retroactive Effect
On March 23, 2018, the President signed into law the “Consolidated Appropriations Act, 2018” which, in addition to authorizing certain full-year federal appropriations, also included the renewal for the Generalized System of Preferences through December 31, 2020. The Generalized System of Preferences (commonly referred to as GSP) allows duty-free entry for over 5,000 goods from a wide range of designated beneficiary countries. The program was authorized by the Trade Act of 1974 to promote economic growth in developing countries and was implemented on January 1, 1976.
Petition Summary: Glycine from China, India, Japan, and Thailand
On March 28, 2018, GEO Specialty Chemicals, Inc. and Chattem Chemicals, Inc. filed a petition for the imposition of antidumping and countervailing duties on imports of glycine from the People’s Republic of China, India, Thailand, and Japan.
Petition Summary: Steel Wheels from China
On March 27, 2018, Accuride Corporation and Maxion Wheels Akron LLC filed a petition for the imposition of antidumping and countervailing duties on imports of steel wheels from the People’s Republic of China.
President Exempts Countries from Steel and Aluminum Tariffs, Makes Product Exclusions Retroactive
Country Exemptions
On March 22, 2018, the President issued new Proclamations temporarily exempting imports from certain countries from the steel and aluminum tariffs that were announced in Proclamations 9704 and 9705 of March 8, 2018. The President had previously exempted imports from Canada and Mexico and the new Proclamations add exemptions for imports from Argentina, Australia, Brazil, European Union member countries, and South Korea. However, the Proclamations make clear that the exemptions, including the exemptions for Canada and Mexico, are temporary and that tariffs will go into effect on imports from an exempted country on May 1, 2018 unless the country has reached an agreement with the United States on an alternative means to remove the threat to national security posed by imports of steel articles from the country. If any agreements are reached and any countries are exempted on a long term basis, the President will consider adjustments to the tariff level imposed on non-exempt countries.
In the meantime, the President may consider quotas on imports from exempt countries. If a quota is imposed, the quota amount imposed will take into account all imports of steel and aluminum since January 1, 2018.
While the country exemptions may extend beyond May 1, depending on the progress on trade negotiations, there is no guarantee of such extensions.
President Announces Actions against China for Intellectual Property Practices
On March 22, 2018, the President issued a Presidential Memorandum in which he announced the actions the United States will take in response to China’s allegedly unfair trade practices found by the Office of the United States Trade Representative (USTR) in its Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. The actions are as follows: