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July 6, 2022, will mark the four-year anniversary of the institution of Section 301 tariffs against approximately $370 Billion in imports from China into the United States.  In light of this anniversary, the Office of the United States Trade Representative (“USTR”) is commencing the first phase of its Four-Year Review Process, which will allow representatives of domestic industries which benefit from the trade actions to submit comments on whether or not the Section 301 tariffs should continue.  In a notice to be published in the Federal Register on May 5, 2022 (unpublished version available here), USTR is requesting interested parties to address whether the imposition of the tariffs has been beneficial.  Comments from domestic interested parties must be submitted in a 60-day window prior to the four-year anniversary.  The first round of comments will be accepted between May 7, 2022, and July 5, 2022, for the List 1 tariffs which are set to expire on July 6, 2022.  Comments related to the List 2 tariffs will be accepted between June 24, 2022, and August 22, 2022, as those tariffs are set to expire on August 23, 2022.
Continue Reading USTR Announces Opportunity for Domestic Industry Parties to Comment on Continuation of Section 301 Tariffs

On March 23, 2022 the U.S. Trade Representative (“USTR”) reinstated 352 Section 301 China tariff exclusions that had expired December 31, 2020.  The list of reinstated exclusions can be found here: Reinstatement of Certain Exclusions Previously Extended | United States Trade Representative (ustr.gov) The 352 reinstated tariff exclusions are retroactive to October 12, 2021 and extend forward through December 31, 2022.
Continue Reading USTR Reinstates 352 Section 301 China Tariff Exclusions. Importers May Have Opportunities For Refunds

The Office of the United States Trade Representative (“USTR”) announced that the Department of the Treasury has reached an agreement with Austria, France, Italy, Spain, and the United Kingdom regarding the treatment of Digital Services Taxes (“DSTs”). The Department of Treasury reached the agreement in conjunction with the Organization for Economic Co-operation and Development (“OECD”) global agreement. In coordination with the Department of Treasury, USTR plans to work together with these governments to ensure implementation of the agreement and rollback of existing DSTs.
Continue Reading USTR Announces Agreement with Austria, France, Italy, Spain, and the United Kingdom on Section 301 Tariffs Related to Digital Services Taxes

On October 4, 2021, Ambassador Katherine Tai, the United States Trade Representative, addressed the state of U.S.- China trade relations and the upcoming plans for the Biden Administration to improve foreign trade policy. Since taking office in January, the Administration has spent time reviewing the trade policies put in place under the Trump Administration.  There has been little movement until now as to the stance the Biden Administration would take, which created uncertainty regarding U.S. trade policy with China. Speculation grew as many questioned what would happen with the tariffs imposed on Chinese imports (under Section 301), how the administration would address the shortcomings of the “Phase 1” deal, and whether the product exclusion process would be re-instated.

Continue Reading Biden Administration Shows Signs of Addressing China Trade Wars

On September 8, 2021, after a longstanding dispute, the US Court of International Trade issued an order resolving the steps that Plaintiffs will need to take in order to preserve their rights to receive refunds, in conformance with the injunction that was issued by the court on July 6, 2021.   The Government recently conceded that, as a practical matter, it does not have the resources to suspend liquidation on an ongoing basis to comply with the Court’s PI order. As a result, in lieu of suspension, the Government stipulated that it will rely on post-judgment reliquidation or refunds to provide the remedy in the event Plaintiffs’ claims are successful – the very solution that Plaintiffs had been advocating for since the entry of the PI order. As a result, the Court issued the attached Order lifting the PI and TRO and removing the requirement for a CBP repository.   Customs will continue liquidating entries in the ordinary course as they have done.
Continue Reading CIT Issues Resolving Order in Section 301 Litigation

The United States Trade Representative (“USTR”) Katherine Tai announced 25% additional tariffs on approximately $2 billion worth of imported goods from Austria, India, Italy, Spain, Turkey, and the United Kingdom
Continue Reading USTR Announces and Immediately Suspends Section 301 DSTs Tariffs Against Austria, India, Italy, Spain, Turkey, and UK

The United States Trade Representative (“USTR”) announced the continuation of certain Section 301 investigations related to digital services taxes (“DSTs”) and the termination of certain others.  USTR originally initiated Section
Continue Reading USTR Announces Continuation and Termination of Section 301 Digital Services Taxes Investigations

The Office of the U.S. Trade Representative (“USTR”) published a notice of product exclusion extensions on March 10, 2021 to extend exclusions from additional Section 301 tariffs for certain medical-care
Continue Reading USTR Extends Section 301 Product Exclusions for Certain Medical-Care Products from China

In a joint statement released by the Office of the United States Trade Representative (“USTR”), the U.S. and European Union (“EU”) have agreed to temporarily suspend the additional tariffs from
Continue Reading U.S. Agrees to Temporarily Suspend Tariffs on UK and EU Goods in Large Civil Aircraft Dispute

The U.S. Trade Representative (“USTR”) in consultation with relevant U.S. industry issued a notice stating that it is “unnecessary” to revise the Section 301 tariffs related to large civil aircraft
Continue Reading USTR and U.S. Industry Agree to No Change in Section 301 Large Civil Aircraft Tariffs