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 301 DSTs investigations covering several countries on June 2, 2020 in response to those countries’ implementation or consideration of DSTs, which are taxes on revenues
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 products from China. USTR has extended these product exclusions from March 31, 2021 to September 30, 2021. The product exclusions were previously extended and modified
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 the Large Civil Aircraft Dispute. Goods imported from EU countries, including dairy products and liquors, will temporarily not be subject to the additional 25 percent
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 subsidies provided by the European Union. The notice states that USTR will “continue to consider the action taken in the investigation” but can be understood
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 additional tariffs were announced by USTR in July 2020 and were scheduled to go into effect on January 6, 2021. USTR is suspending the tariffs
The Office of the United States Trade Representative (“USTR”) announced that it is extending certain product-specific exclusions related to the treatment of COVID-19 from the Section 301 tariffs on imports from China until March 31, 2021. On March 25, 2020, the USTR announced that it was seeking comments on the possible exemption of medical goods
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 1974 to determine whether Vietnam has been undervaluing its currency and to investigate Vietnam’s policies and practices as related to importing illegally harvested timber subsequently
The Office of the U.S. Trade Representative (“USTR”) announced on September 30, 2020 that it was extending the duty exemptions for only 9 of the 96 products on List 1 and only 28 out of the 113 products on List 2 of the Section 301 tariffs that were scheduled to expire on October 2, 2020.
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.
On September 10, 2020, HMTX Industries LLC, along with Halstead New England Corporation, and Metroflor Corporation (importers of vinyl tile) filed a complaint (Ct. No. 20-00177) at the Court of International Trade (CIT) challenging both the substantive and procedural processes followed by the United States Trade Representative (USTR) when instituting Section 301 Tariffs on imports