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

The U.S. Trade Representative (“USTR”) is indefinitely suspending the Section 301 tariffs on certain handbags and cosmetics from France resulting from the investigation into France’s Digital Services Tax (“DST”). These
Continue Reading USTR Suspends Section 301 DST Tariffs on Handbags and Cosmetics from France

On October 2, 2020, the Office of the United States Trade Representative (USTR) issued a statement announcing the initiation of new investigations under Section 301 of the Trade Act of
Continue Reading USTR Initiates Section 301 Investigation into Vietnam’s Currency Manipulation and Importation of Illegal Timber

The World Trade Organization (WTO) dispute settlement body ruled that the tariffs imposed by the U.S. on imports from China are inconsistent with the General Agreement on Tariffs and Trade (GATT), and recommended that the U.S. “bring its measures into conformity” with its obligations under the GATT.  Beginning in 2018, at the direction of President Trump, the U.S. imposed tariffs on $400 billion worth of imports from China over 4 different lists or tranches.  The U.S. and China negotiated a “phase one” trade deal earlier this year, however, most of the tariffs were still left in place.

The WTO panel concluded that the U.S. failed to demonstrate that the tariff measures are justified under Article XX(a) of the GATT 1994.  As a result, the panel found the U.S. tariff measures to be inconsistent with Articles I:1, II:1(a) and II:1(b) of GATT 1994.  In other words, the WTO found that the U.S. tariffs on China were discriminatory and excessive, and the U.S. failed to present justification for an exemption that could have legally allowed for the tariffs.
Continue Reading WTO Rules that U.S. Section 301 Tariffs on Chinese Imports Violate International Trade Rules