The Office of the United States Trade Representative (“USTR”) announced in a notice that 81 COVID specific product exclusions would be extended for an additional 6 months, with all COVID exclusions receiving an additional 16-day transition period. The exclusions on the 81 products was set to expire on November 14, 2021, but will now be pushed back until May 31, 2022, allowing these medical – care products to remain free from additional duties upon importation. The announcement comes after USTR requested public comments on August 27, 2021 on whether the exclusions should be further extended.
Continue Reading USTR Grants 6-Month Extension on Exclusions for 81 COVID-Related Products

On Saturday, the United States and the European Union reached an agreement on section 232 duties being imposed because of global steel and aluminum excess capacity concerns.  The trading partners have agreed that the U.S. will adjust tariffs on steel and aluminum to allow elimination of certain U.S. section 232 duties, and the EU will suspend its retaliatory tariffs.
Continue Reading U.S.-EU Make a Deal on Steel and Aluminum Tariffs

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 September 30, 2021, the Department of Commerce (“Commerce”) filed a motion requesting a voluntary remand to review 502 Section 232 exclusion request denials it issued to Voestalpine High Performance Metals Corporation and Ergo Specialty Steels, Incorporated (collectively “Voestalpine, et al.”) beginning in 2018.  Specifically, Commerce in its motion acknowledges that it lacks documentation explaining why it rejected all 502 requests.  This motion for voluntary remand comes only a couple months after Commerce requested the same type of voluntary remand in six separate Section 232 appeals.
Continue Reading U.S. Court of International Trade Stays Department of Commerce’s Motion for Voluntary Remand Setting Course for Court-Annexed Mediation in Section 232 Exclusions Dispute

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

In Husch Blackwell’s August 2021 Trade Law Newsletter, you’ll learn about the following updates in international trade and supply chain law:

  • U.S. Customs and Border Protection issued updated guidance


Continue Reading August 2021 Trade Law Update