On December 10, 2024, the Office of the United States Trade Representative (USTR) initiated an investigation of Nicaragua’s acts, policies, and practices related to labor rights, human rights, and the rule of law. The investigation will be conducted under Section 301 of the Trade Act of 1974. This is the first investigation that USTR has
John Brew
John Brew is the co-chair of Crowell & Moring's International Trade Group and a partner in the firm’s Washington, D.C. office. He has extensive experience in import and export trade regulation, and he regularly advises corporations, trade associations, foreign governments, and non-governmental organizations on matters involving customs administration, enforcement, compliance, litigation, legislation and policy.
John represents clients in proceedings at the administrative and judicial levels, as well as before Congress and the international bureaucracies that handle customs and trade matters. He advises clients on all substantive import regulatory issues handled by U.S. Customs and Border Protection and Immigration and Customs Enforcement, such as classification, valuation, origin, marking, tariff preference programs, other agency regulations, admissibility, import restrictions, quotas, drawback, audits, prior disclosures, penalties, investigations, Importer Self Assessment and Customs-Trade Partnership Against Terrorism programs, importations under bond, the Jones Act, vessel repairs, and foreign trade zone matters.
Trump Announces 25% Tariff on Mexico and Canada
When Trump won the presidential election, he promised there would be tariffs. On November 25, 2024, we got a clearer picture of what those tariffs will look like. President-elect Donald Trump posted on social media that he would be imposing 25% tariffs on imports from Mexico and Canada on his first day in office. Additionally…
DHS Adds 29 Companies in Metals and Food Processing Sectors to UFLPA Entity List
The U.S. Department of Homeland Security (DHS) has announced the addition of 29 companies based in the People’s Republic of China (PRC) to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List.
The updated list now includes a total of 107 entities, with the newly added companies operating in the food processing and metals sectors.
Client Alert: New Legislation Introduced in Congress Proposes Ending Normal Trade Relations with China and More
On November 14, 2024, Rep. John Moolenaar (R-Mich.), chair of the House Select Committee on the Chinese Communist Party, introduced the Restoring Trade Fairness Act, seeking to suspend China’s Permanent Normal Trade Relations (“PNTR”) status.
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New (Limited) Exclusion Process Begins for Section 301 Tariff Action – Opportunity for Domestic Manufacturing
On October 15, 2024, the Office of the United States Representative (“USTR”) announced a new process for interested parties to request temporary exclusion from Section 301 duties on certain Chinese-origin goods. The new exclusion process is limited, but key for stakeholders with a nexus to domestic manufacturing in the United States. Exclusions may apply for…
USTR Announces Final Decisions on Section 301 Tariffs
The Office of the United States Trade Representative (“USTR”) today published a Federal Register notice announcing its final modifications to its Four-Year Statutory Review of U.S. Section 301 tariffs on a range of Chinese-origin goods. While the USTR declined to modify its proposed increase of additional duties on electric vehicles (to 100 percent in 2024)…
Senate Finance Chairman Wyden Set to Unveil De Minimis Reform Legislation
Senate Finance Chairman Wyden (D-OR) is expected to soon introduce legislation that will target de minimis reform. The legislation, dubbed the Fighting Illicit Goods, Helping Trustworthy Importers, and Netting Gains (FIGHTING) for American Act, would prohibit goods impacted by Sections 232, 301, and 201, as well as those considered sensitive goods by GSP, from entering…
USTR Postpones Implementation of New Section 301 Tariffs
On July 30, 2024, the Office of the U.S. Trade Representative (USTR) announced the increased Section 301 tariffs proposed on May 28, 2024, would not go into effect as planned on August 1, 2024.
USTR is still reviewing the 1,100 public comments it received. It now expects its final determination will be issued sometime in…
USTR Issues Request for Comment on Proposed Section 301 Changes, Extends Exclusions
The Office of the United States Trade Representative (“USTR”) today published a request for comments on the proposed modifications and machinery exclusion process in its Four-Year Review of Section 301 tariffs (the “Review”), published last week. The Review did not recommend removing any subheadings from Section 301 tariffs, but rather proposed the following increases:
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Biden Administration Proposes New Section 301 Tariffs
This week, President Biden has directed the United States Trade Representative (“USTR”) to take further action against Chinese unfair trading practices following the release of the statutory four-year review of Section 301 tariffs against the People’s Republic of China (“PRC”). Per Biden’s direction, Ambassador Katherine Tai announced that she will be proposing modifications to existing…