The Office of the United States Trade Representative (“USTR”) announced on September 6, 2023 the further extension of 352 reinstated exclusions and 77 COVID-related exclusions from the Section 301 tariffs on imports from China. These exclusions, which cover a variety of products ranging from machinery components to medical equipment, constitute the only remaining active exclusions
New Section 232 Exclusion Proposed Rules Will Force Additional Burden of Proof on Importers and Domestic Producers
On August 28, 2023, the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) proposed new rules to streamline and strengthen the Section 232 Exclusions Process for Steel and Aluminum imports. The proposed rules will build on the five existing interim final rules and respond to public comments received by BIS since February 2022. BIS
GAO Report on Section 232 Exclusions Signals Increased Enforcement for Steel and Aluminum Importers
On July 20, 2023, the U.S. Government Accountability Office (“GAO”) released a report titled, Steel and Aluminum Tariffs: Agencies Should Ensure Section 232 Exclusion Requests are Needed and Duties are Paid. Following an investigation analyzing import entry data from March 2018 through September 2021, GAO published a 66-page report about the usage and administration
Comment Window Closes for Proposed Commerce Antidumping and Countervailing Duty Rules: Foreign Governments, Trade Associations, and Companies Weigh in on Contentious Changes
The comment window for the Department of Commerce’s (“the Department”) proposed rules for Antidumping and Countervailing Duty (“ADCVD”) Regulations closed on July 10, 2023. Pursuant to its authority under Title VII of the Tariff Act of 1930, the Department proposed to amend its regulations to strengthen its enforcement of trade remedies by revising many of its
Online Sellers Be Ware: Senate Reintroduces Digital Country-of-Origin Label Legislation
On May 3, 2023, Senators Tammy Baldwin, D-Wis., Sherrod Brown, D-Ohio, and J.D. Vance, R-Ohio, introduced the ‘‘Country of Origin Labeling Online Act’’ or the ‘‘COOL Online Act’’ in an attempt to require origin and location disclosure for new products of foreign origin offered for sale on the internet. Following previous unsuccessful attempts to pass
Section 232 – Not All Quotas Are Created Equal
Since March 2018, when President Trump exercised his authority under Section 232 of the Trade Expansion Act of 1962 to impose a 25 percent tariff on steel imports and a 10 percent import on aluminum, trade partners of the United States have made efforts to receive exemptions from the steel and aluminum tariffs. In several
Nearly 1500 Responses Submitted to USTR as Part of the Section 301 Four Year Review Process – Is Relief on the Way?
This Tuesday, January 17, marked the close for the Office of the United States Trade Representative’s (USTR’s) comment period for its statutory 4-year review of tariffs imposed on Chinese goods under Section 301 of the Trade Act of 1974. To-date, the Biden Administration has retained Section 301 tariffs on over $300 billion worth of imports
USTR Announces 9-Month Extensions for 352 Exclusions
On December 16th, the United States Trade Representative (“USTR”) extended 352 exclusions which exclude certain products from the additional duties caused by the Section 301 actions taken against imports from China. These exclusions were scheduled to expire on December 31, 2022 but will now extend until September 30, 2023. USTR reinstated these 352
USTR Releases Preview of Questionnaire for Four-Year Section 301 Tariff Review
On Tuesday (Nov. 1, 2022), the Office of the United States Trade Representative (“USTR”) released a preview of its questionnaire seeking comments on the effectiveness and impacts of the additional duties levied on Chinese-origin goods enacted under Section 301 of the Trade Act of 1974 (“Section 301 tariffs”). The Section 301 tariffs, which commenced in
USTR Seeks Public Comments on the Effectiveness of Section 301 Tariffs on Chinese Goods
The Office of the U.S. Trade Representative (“USTR”) announced on Wednesday in a Federal Register notice that it is seeking public comments on the effectiveness of Section 301 tariffs on Chinese goods. The docket to post comments will open on November 15, 2022 and close on January 17, 2023. USTR welcomes any interested party to