On September 2, 2022, the Office of the U.S. Trade Representative (USTR) announced that its statutory four-year review of Section 301 tariffs imposed on Chinese goods on July 6 and August 23, 2018 will be extended, with the tariffs remaining in effect while the agency conducts a more comprehensive review of their necessity. USTR stated
Section 301 Tariffs
USTR releases remand results on US-China Section 301 Tariffs
On Monday, August 1st, the Office of the U.S. Trade Representative (USTR) filed remand results with the U.S. Court of International Trade (CIT), releasing updated explanations for retaliatory tariffs on roughly $300 billion worth of Chinese goods imposed in the midst of the U.S. – China Trade War. USTR filed the remand as…
U.S. Court of International Trade Rules USTR Violated APA When Imposing Section 301 List 3 and List 4A Tariffs on Chinese Goods
Posted in Customs, Section 301 Tariffs
On April 1, 2022, a three judge panel of the U.S. Court of International Trade (CIT) unanimously found that the Office of the United States Trade Representative’s (USTR’s) imposition of Section 301 List 3 and List 4A tariffs on Chinese products failed to comply with the Administrative Procedures Act (APA). Specifically, the court ruled that…
CIT issues Preliminary Injunction Temporarily Restraining Liquidation of Section 301 Import Entries
By John Brew & Frances P. Hadfield on
On August 24,2017, the Office of the U.S. Trade Representative (USTR) began a Section 301 investigation to determine whether acts, policies, and practices of the Government of China related to technology transfer, intellectual property, and innovation were actionable under the Trade Act of 1974. On March 22, 2018, USTR announced its affirmative findings and imposed…
House and Senate Advance Competing Trade Legislation on Generalized System of Preferences (GSP), Miscellaneous Tariff Bill (MTB), and Section 301
On June 17, 2021, the House Ways and Means Committee advanced the Generalized System of Preferences and Miscellaneous Tariff Bill Modernization Act of 2021. The announced legislation follows Senate passage of similar GSP and MTB provisions, as well as Section 301 provisions in the Trade Act of 2021 as part of the omnibus U.S. Innovation…
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,…
Court of International Trade Orders Consolidates Section 301 Lawsuits and Orders United States to Answer in Case by March 12.
Posted in Litigation, Section 301 Tariffs
On February 10, 2021, the CIT issued a procedural order that requires all Section 301 cases to receive notice under a master case named “In Re Section 301 Cases, CIT Ct. No. 21-cv-00052.” The decision was made in an effort to streamline the more than 3,500 lawsuits the CIT has received from importers…
Biden Decides Against Increased Tariffs in EU-U.S. Aircraft Subsidy Dispute
By John Brew, Frances P. Hadfield, Spencer Toubia & Edward Goetz on
On February 11, 2021, the Biden Administration decided not to increase tariffs against the European Union. In a Federal Register notice released today (Feb 12th), the Administration announced that “The U.S. Trade Representative together with the affected United States industry have agreed that it is unnecessary at this time to revise the action…
Vietnam Section 301 Hearing Transcripts
By Frances P. Hadfield & John Brew on
On December 28 and 29, the U.S. Trade Representative (USTR) conducted public hearings on Vietnam’s timber imports and currency practices. Participant lists and hearing transcripts are available below. Post-hearing rebuttal comments are due January 6 and 7.
More information on the initiation of the investigations and hearings is available in our October and November posts.…
Large Civil Aircraft Dispute 2021 Update: Section 301 Tariffs on New EU Goods
In response to recent action by the European Union in the Large Civil Aircraft (Boeing-Airbus) Dispute in the World Trade Organization (“WTO”), the United States Trade Representative (“USTR”) has announced the inclusion of additional products to the list of EU goods subject to Section 301 tariffs.
Section 301 tariffs will apply to specified additional products…