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
Section 301 Tariffs
Biden Decides Against Increased Tariffs in EU-U.S. Aircraft Subsidy Dispute
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
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…
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)…
China Announces New Tariff Exclusions on Imported Goods from the United States
On May 12, 2020, the China State Tariff Commission of the State Council issued a new round of tariff exemptions on China’s Batch 2 of $60 billion worth of US imports. China implemented retaliatory tariffs following the Trump administration’s imposition of Section 301 tariffs on Chinese imported goods. This is the second instance of exclusions…
USTR Seeks Comments on Removal of Tariffs on Certain Chinese Imports that Assist the U.S. Coronavirus Response
The Office of the U.S. Trade Representative (USTR) is seeking comments to remove Section 301 tariffs on certain Chinese imported products that could help support the United States COVID-19 response. The USTR recently granted approximately 200 exclusions that covered personal protective equipment products, including medical masks, examination gloves, antiseptic wipes, and other medical-care related items…
Getting Products to China: Avoiding Tariff Classification Traps in Uncertain Times
Chinese law requires companies to accurately classify and declare goods imported into or exported out of China under its version of the Harmonized System (HS). Importers and exporters who fail to properly classify products may be e subject to criminal or civil penalties. Tariff misclassification in China has become a flashpoint for multinational companies due…
U.S. Agrees to Suspend List 4b Tariffs and Decrease List 4a Tariffs in a “Phase One” Trade Deal with China
On December 13, 2019, the United States Trade Representative (USTR) announced a “Phase One” agreement with China that will cease the imposition of 15% tariffs on $160 billion worth of Chinese imports that were scheduled to be imposed on December 15. According to a statement published by USTR, the U.S. will maintain tariffs on approximately…
USTR Announces List 4 Exclusion Process for Section 301 Tariffs
The U.S. Trade Representative (USTR) will soon publish a federal register notice outlining the process for submitting Section 301 exclusion requests for List 4. The USTR noted that if an exclusion is granted, it will effective from the day the first tranche of List 4 tariffs (i.e. “Annex A”) came to effect (i.e. from September…