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
Trump Administration and House Democrats Reach Agreement to Move USMCA Forward
On December 10, 2019, House Speaker Nancy Pelosi stated in a press conference that Democrats had reached an agreement with the Trump Administration on the new U.S.-Mexico-Canada Agreement (“USMCA”) intended as a NAFTA update, clearing the way for Congress to vote on the trade agreement. Speaker Pelosi called the agreement “a victory for America’s workers”
The Current and Future Status of the U.S.-Mexico-Canada Agreement
U.S. Trade Representative (USTR) Robert Lighthizer and certain officials in the administration have expressed optimism about the future of the U.S.-Mexico-Canada
On October 23, 2019, Senator Grassley, chairman of the Senate Finance Committee, stated that he had a “growing worry” about the current progress of USMCA and claimed that the Democrats are stalling in the
July Trade Law Update: U.S. Department of Commerce Decisions
Investigations
- Certain Steel Wheels 12 to 16.5 Inches in Diameter from the People’s Republic of China: On July 9, 2019, Commerce released the final affirmative Antidumping Duty and Countervailing Duty determinations and final affirmative determinations of Critical Circumstances.
- Diamond Sawblades and Parts Thereof: On July 16, 2019, Commerce released its final determination of Anti-Circumvention Inquiry.
- Certain Steel Racks and Parts Thereof from the People’s: On July 24, 2019, Commerce released the final affirmative Countervailing Duty determination and Antidumping Duty determination.
- Glycine from the People’s Republic of China: On July 25, 2019, Commerce released a notice of correction to the final affirmative Countervailing Duty determination and Countervailing Duty Order.
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June Trade Law Update: Court Decisions
Court of International Trade
Summary of Decisions
19-66
On June 3, 2019, in the ongoing case of determining whether or not Plaintiff Midwest Fastener’s zinc and nylon anchor products are considered to be nails, the CIT sustained the Department of Commerce’s final results of the redetermination pursuant to the Court Remand. The CIT concluded that Plaintiff’s zinc and nylon anchors do not function like nails and are considered a separate type of product from nails by the relevant industry. Commerce’s remand results were sustained and Plaintiff Midwest Fastener’s products were excluded from the scope.
19-69
On June 6, the CIT denied Plaintiffs Confederacion de Asociaciones Agricolas del Estado de Sinaloa, Consejo Agricola de Baja California, Asociacion Mexicana de Horticultura Protegida, Asociacion de Productores de Hortalizas del Yaqui y Mayo, and Sistem Producto Tomate (collectively, “Plaintiffs”) motion for a temporary restraining order (“TRO”) and preliminary injunction (“PI”) in the antidumping duty investigation of tomatoes from Mexico. The Court determined that the Plaintiffs had not met their burden to establish the likelihood of success on the merits and irreparable harm absent injunctive relief. They also had failed to establish if the hardships tip in favor of denying the Plaintiff’s motion. The Court also found the public interest to be neutral. For those reasons the CIT denied the plaintiff’s motions.
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June Trade Law Update: U.S. International Trade Commission and U.S. Customs & Border Protection
U.S. International Trade Commission
Section 701/731 Proceedings
Investigations
- Mattresses from the People’s Republic of China: On June 13, 2019, the ITC released the schedule for the final phase of the Antidumping Duty Investigation.
- Fresh Tomatoes from Mexico: On June 14, 2019, the ITC announced the resumption of the final phase of the Antidumping Duty Investigation.
- Stainless Steel Kegs from the People’s Republic of China, Germany, and Mexico: On June 17, 2019, the ITC released the schedule of the Final Phase of Countervailing and Antidumping Duty Investigations.
- Glycine from the People’s Republic of China, India, Japan: On June 21, 2019, the ITC released the final determinations in the Antidumping Duty and Countervailing Duty investigations.
- Aluminum Wire and Cable from the People’s Republic of China: On June 28, 2019, the ITC released the schedule for the final phase of the Countervailing Duty and Antidumping Duty Investigations.
June Trade Law Update: U.S. Department of Commerce Decisions
Investigations
- Certain Steel Nails from the Socialist Republic of Vietnam: On June 19, 2019, Commerce released a notice of its Final Scope Ruling and notice of the Amended Final Scope Ruling in the Antidumping and Countervailing duty orders of the subject merchandise.
- Steel Propane Cylinders: On June 21, 2019, Commerce announced its final determinations in the Antidumping Duty Investigations for the People’s Republic of China and Thailand.
- Steel Propane Cylinders from the People’s Republic of China: On June 21, 2019, Commerce released the final affirmative Countervailing Duty determination.
- Carbon Steel Butt-Weld Pipe Fittings from the People’s Republic of China: On June 21, 2019, Commerce issued the final affirmative determination of Circumvention of the Antidumping Duty Order.
- Glycine from India and Japan: On June 21, 2019, Commerce released the amended final affirmative Antidumping Duty determination.
May Trade Law Update: Court Decisions
Court of International Trade
Summary of Decisions
19-52
On May 1, 2019, the CIT sustained Commerce’s remand redetermination results following a countervailing duty investigation for certain hot-rolled steel flat products from the Republic of Korea. The court reviewed two issues on remand, Commerce’s selection of the highest calculated AFA rate and Commerce’s corroboration. Concerning the first issued on the selection of the AFA rate, the CIT found that Plaintiff POSCO did not exhaust its administrative remedies. The second issue presented was whether or not the selected 1.05% AFA rate was corroborated based upon substantial evidence and whether Commerce’s selection of a non-de-minimis AFA rate was appropriate because it was a rate calculated for a cooperating Korean company in another countervailing duty proceeding for a similar program.
19-53
On May 2, 2019, in the case of garage door openers that were redesigned to avoid infringement on a registered patent, the CIT denied the ITC’s motion for a stay pending appeal based on the grounds that the ITC did not meet its burden for a stay. A stay of the preliminary injunction and all other proceedings in this matter was not warranted as: (1) the ITC has not demonstrated a “strong showing” of likelihood of success on the merits, (2) the ITC has not demonstrated that it will be irreparably injured absent a stay in this action, (3) the issuance of a stay would substantially injure another party, the Plaintiff, and (4) the public interest is neutral. For those reasons, the CIT denied the ITC’s motion for a stay.
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May Trade Law Update: U.S. International Trade Commission and U.S. Customs & Border Protection
U.S. International Trade Commission
Section 701/731 Proceedings
Investigations
- Steel Trailer Wheels from the People’s Republic of China: On May 2, 2019, the ITC released the schedule of the final phase of Countervailing Duty and Antidumping Duty Investigations.
- Fresh Tomatoes from Mexico: On May 14, 2019, the ITC announced that it would terminate its review of the subject merchandise since there is no longer a suspension agreement in place.
- Steel Wheels from the People’s Republic of China: On May 17, 2019, the ITC announced its final determinations in the Antidumping Duty and Countervailing Duty investigations and found that the importation of steel wheels has caused material injury to a U.S. industry.
- Laminated Woven Sacks from Vietnam: On May 30, 2019, the ITC announced its final determinations in the Antidumping Duty and Countervailing Duty investigations and found that the importation of the subject merchandise has caused material injury to a U.S. industry.