As the four-year review of Section 301 duties continues, the Office of the U.S. Trade Representative (USTR) stated last week that the Biden administration will be extending tariff exclusions through May 31, 2024. These exclusions, listed in the USTR’s index, were set to expire on December 31, 2023, but the administration chose to extend
Section 301 Investigation
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 Releases Determination In Vietnam Currency Investigation
On July 23, 2021, the U.S. Trade Representative issued a formal determination deciding not to take action against Vietnam in response to their currency practices under Section 301. The investigation, which was initiated in October of 2020 to examine Vietnam’s acts, policies, and practices related to the valuation of their currency, effectively concluded following…
Senate Passage of Section 301 Provisions as Part of the American Innovation and Competition Act
On June 8, 2021, the Senate voted 68 to 32 to approve The American Innovation and Competition Act. Among other pieces of legislation, the omnibus package includes The Trade Act of 2021 which contains provisions to reestablish a Section 301 tariff exclusion and renewal process. Specifically, Division G (The Trade Act of 2021), Title III,…
United States Trade Representative (USTR) Announces and Immediately Suspends Tariffs in Section 301 Digital Services Taxes (DSTs) Investigation
On June 2, 2021, United States Trade Representative (USTR) Katherine Tai announced the conclusion of the Section 301 Digital Services Taxes (DSTs) investigations on Austria, India, Italy, Spain, Turkey, and the United Kingdom. The investigation determined to impose additional tariffs of 25 percent on certain products from the six countries, as noted in the Notices…
Vietnam Section 301 Hearings Set for Late December
Last week, the U.S. Trade Representative (USTR) published two Federal Register notices announcing hearings for the recently initiated Section 301 investigations into Vietnam’s currency valuation practices (85 FR 75397) and import of illegal timber (85 FR 75398). The hearings follow the announcement of the investigations in October of this year and…
Please Join Crowell & Moring for an Election 2020 Webinar Series – Election 2020: U.S. International Trade Policy and Its Impact on Cross-Border Business Strategy
Date: Thursday, October 15, 2020
Time: 9:00 AM Eastern Daylight Time
Duration: 1 hour
The second webinar in our Election 2020 series will focus on the candidates’ positions on International Trade issues and how the election results might impact businesses in 2021 and beyond. In this roundtable webinar, a team of lawyers…
USTR Launches Section 301 Investigation Targeting Imports from Vietnam
On Friday, October 2, 2020, the United States Trade Representative (USTR) announced that, at the direction of the President, a two-part investigation is being initiated into Vietnam under Section 301 of the Trade Act of 1974. USTR, in conjunction with the Department of the Treasury, will review policies related to the import and use of…
HTMX et al. v. United States – An (ongoing?) Opportunity for Importers to Recover Section 301 Tariffs Paid on Section 301 List 3 (and List 4a) Products
The Court of International Trade (“CIT”) saw nearly 3,000 complaints filed over a period of four days from Friday, September 18, 2020 to Monday, September 22, 2020 challenging the United States Trade Representative’s (“USTR”) authority to levy Section 301 Tariffs on products found on List 3 (and frequently, also those also found on List 4A)…
USTR Launches 301 Investigations into Digital Services Taxes
Opens Door for Potential Retaliatory Tariffs by United States
On June 2, the Office of the U.S. Trade Representative (USTR) launched a series of Section 301 trade investigations into digital services taxes (DST) adopted or under consideration by a number of United States (U.S.) trading partners – including Austria, Brazil, the Czech Republic, the European…