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Category Archives: Manufacturing

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President Trump Signs Order on U.S. Manufacturing and National Security

Posted in Manufacturing, Trade Policy
As the Commerce Department prepares to issue its findings and recommendations in the ongoing Section 232 investigations into the national security implications of steel and aluminum imports, President Trump has signed a new Executive Order calling for a broader review of the state of the U.S. manufacturing and defense industrial base.  The Order, signed on… Continue Reading

U.S. International Trade Commission Submits Preliminary Report and Seeks Limited Additional Comments on Petitions for Import Duty Reductions

Posted in Customs Law, Manufacturing
On June 9, 2017, the U.S. International Trade Commission (Commission) submitted its preliminary report on petitions for duty suspensions and reductions, under the American Manufacturing Competitiveness Act of 2016 (AMCA), to the House Committee on Ways and Means and the Senate Committee on Finance. As discussed in previous posts here and here, the AMCA reformed… Continue Reading

New Executive Order Aims to Enhance Antidumping and Countervailing Duty Collection

Posted in Customs Law, Dumping and Subsidies, Manufacturing, Trade Remedies
On Friday, March 31, 2017, President Trump signed a new executive order aimed at enhancing antidumping and countervailing duty collection. The order charges U.S. Customs & Border Protection (CBP) to develop an action plan focused on ensuring that importers of goods subject to trade remedy orders provide adequate security to ensure payment of all duties,… Continue Reading

USTR Releases 2017 National Trade Estimate Report

Posted in Manufacturing, Trade Agreement Compliance, Trade Negotiations, Trade Policy
The Office of the U.S. Trade Representative (USTR) today released its 2017 National Trade Estimate Report on Foreign Trade Barriers (NTE).  USTR publishes the NTE annually to provide the President and Congress with “an inventory of the most important foreign barriers affecting U.S. exports of goods and services, foreign direct investment by U.S. Persons, and… Continue Reading

Commerce Calls for Information on U.S. Pipeline Construction and Maintenance for Domestic Sourcing Plan

Posted in Manufacturing, Trade Policy
The Commerce Department’s Office of Policy and Strategic Planning is currently seeking information on the construction and maintenance of American pipelines to inform its forthcoming plan to the President for the domestic sourcing of pipeline materials.  In accordance with the President’s January 24, 2017 Presidential Memorandum on the “Construction of American Pipes,” the agency is… Continue Reading

Commerce Department Requests Information to Cut Red-Tape on Manufacturers

Posted in Manufacturing
On March 7, the Commerce Department will announce an opportunity for U.S. manufactures to help decrease the burden of regulations on their ability to do business.  The President asked the Secretary of Commerce for a report on reducing regulatory burdens and improving the permitting process for U.S. manufacturers.  To prepare the report, the Commerce Department… Continue Reading

U.S. International Trade Commission Seeks Comments on Petitions for Import Duty Reductions

Posted in Customs Law, Manufacturing
Today, the U.S. International Trade Commission began accepting comments on the more than three thousand petitions filed with the agency last year requesting that the Government temporarily suspend import duties on products ranging from herbicidal chemicals to ping-pong tables. Traditionally, duty reductions were obtained by having members of Congress sponsor individual bills on specific goods,… Continue Reading

USTR Urged to Re-list Alibaba Group As a “Notorious Market”

Posted in Manufacturing
Today, the United States Trade Representative (“USTR”) concludes its annual collection information from the public regarding markets outside of the United States that should be included in the 2016 “Notorious Markets” List.  Published annually, USTR’s Notorious Markets List identifies both Internet and physical markets that are reported to engage in and facilitate substantial copyright piracy… Continue Reading

New Miscellaneous Tariff Bill Petition Process Opens Today

Posted in Customs Law, Manufacturing
Today, October 14, 2016, the U.S. International Trade Commission will begin accepting petitions for duty suspensions and reductions pursuant to the new Miscellaneous Tariff Bill process. The Commission will collect petitions for a 60-day period, after which it will comments in support or opposition to the petitions received. After it has analyzed all petitions and… Continue Reading

China Absent from Statement on Steel Overcapacity

Posted in Manufacturing, Trade Negotiations, Trade Policy, Trade Remedies
On April 18th and 19th, leaders from some of the world’s major steel producing countries met in Brussels to discuss the overcapacity problem that is wreaking havoc on the global steel industry. Last night, the governments of Canada, the European Union, Japan, Mexico, Korea, Switzerland, Turkey, and the United States issued a statement agreeing, among… Continue Reading

WTO Panel Strikes Down India’s Domestic Content Requirements on Solar Cells and Modules

Posted in Manufacturing, Trade Agreement Compliance, Trade Negotiations, World Trade Organization
A World Trade Organization Panel today issued a report finding that Indian domestic content requirements covering solar cells and modules used by solar power generators violate Article III:4 of the General Agreement on Tariffs and Trade (GATT) and Article 2.1 of the Agreement on Trade-Related Investment Measures. This is a notable victory for the United… Continue Reading

China’s WTO Subsidy Notifications – The Drama Continues

Posted in Dumping and Subsidies, Manufacturing, Trade Agreement Compliance, Trade Policy, Trade Remedies, World Trade Organization
In a World Trade Organization (WTO) submission filed on January 28, the United States once again took issue with the substance of China’s subsidy notifications to the WTO.  The WTO’s  Agreement on Subsidies and Countervailing Measures (SCM Agreement) requires WTO Members to provide annual notifications of any subsidy programs in a manner that is “sufficiently specific… Continue Reading

Congress Moves Forward on ENFORCE Trade Evasion Legislation

Posted in Dumping and Subsidies, Manufacturing, Trade Agreement Compliance, Trade Policy, Uncategorized, World Trade Organization
  Congress took an important step toward strengthening U.S. trade law enforcement by moving forward a conference report on the Trade Facilitation and Trade Enforcement Act of 2015 (H.R. 644), which includes the Enforcing Orders and Reducing Customs Evasion (ENFORCE) Act. ENFORCE addresses the serious and growing problem of evasion of antidumping and countervailing duties.… Continue Reading

USTR Submits Third China Subsidies “Counter-Notification” in Four Years

Posted in Manufacturing, Trade Agreement Compliance, Trade Policy, World Trade Organization
On October 19, the United States Trade Representative (USTR) invoked Article 25.10 of the World Trade Organization (WTO) Agreement on Subsidies and Countervailing Measures (Subsidies Agreement) to notify the Chinese government of a list of measures that the United States believes should be reported to the WTO as subsidy programs. This “counter-notification” is the third… Continue Reading

Importers Find That Trade Remedies Evasion Doesn’t Pay

Posted in Compliance, Customs Law, Dumping and Subsidies, Manufacturing, Trade Remedies
Last week, several individuals involved in a multi-year scheme to fraudulently misclassify imported Chinese magnesium powder were handed prison sentences by a federal judge. The defendants, William Nehill and Gregory Magness, pled guilty in the scheme several years ago. Magness has been given an 18-month prison sentence, while Nehill will serve 90 days; both Nehill and… Continue Reading

California’s Strict “Made in USA” Law Amended

Posted in Compliance, Litigation, Manufacturing
Earlier this month, California governor Jerry Brown signed into law amendments to California’s “Made in USA” labeling standard. California’s law had been among the strictest in the nation, prohibiting products sold in California from being labeled as U.S.-made if any components or materials originated outside of the United States. The California standard was much more… Continue Reading

U.S. Trade Representative Asks for Data on Global and Telecom Trade Barriers for Annual Reports

Posted in Announcements, Dumping and Subsidies, Manufacturing, Trade Agreement Compliance, Trade Policy
The Office of the U.S. Trade Representative (USTR) is seeking input from companies and industry on trade barriers from around the world, in preparation for its annual National Trade Estimate (“NTE”) Report on Foreign Trade Barriers as well as a more focused report on violations of telecommunications trade agreements. USTR announced its request in an… Continue Reading

RMB Devaluation Reveals Continued Manipulation of Financial Markets

Posted in Manufacturing, Trade Negotiations, Trade Policy
The People’s Bank of China (PBoC) on Tuesday devalued the country’s currency, the RMB, by approximately 2%.  Just weeks after China’s stock market regulators engineered a “recovery” in share prices by allowing mass-suspensions in trading and forcing state-owned financial institutions to buy and hold shares, the move stands as another stark reminder of the extensive… Continue Reading

China’s Selective Elimination of Aluminum Export Duties Threatens Global Manufacturers

Posted in Manufacturing, Trade Remedies
Effective May 1, China eliminated a 15 percent export tax on certain semi-processed aluminum bars, rods, and strip. Almost immediately, the London Metals Exchange global aluminum price and share prices of non-Chinese aluminum producers fell, while the share price of China’s major state-owned producer, Chalco, rose by 10 percent.… Continue Reading

Commerce Examining Korean Chaebols Affiliation for the Welded Line Pipe from Korea AD Investigation

Posted in DOC Reviews, Manufacturing, Trade Remedies
The Department of Commerce (“Commerce”) announced its preliminary determination in the less-than-fair-value investigation of welded line pipe from Turkey and Korea on May 15, 2015.  Commerce calculated dumping margins in Korea ranging from 2.52% to 2.67% for all manufacturers.  These dumping margins follow Commerce’s finding of de minimis countervailing duty margins for Korean line pipe… Continue Reading

Treasury Should Assess the Purpose of Korea’s Currency Manipulation

Posted in Manufacturing, Trade Agreement Compliance, World Trade Organization
On April 9, 2015, the U.S. Department of the Treasury released its Semi-Annual Report to Congress on International Economic and Exchange Rate Policies. Once again, Treasury concluded that “no major trading partner of the United States met the standard of manipulating the rate of exchange between their currency and the United States dollar for purposes… Continue Reading

Will U.S. Aluminum Firms Reap the Benefits of Growing Demand?

Posted in Dumping and Subsidies, Manufacturing, Trade Remedies
With demand from the auto, aerospace, and other industries on the rise, many U.S. aluminum manufacturers are anticipating a renaissance in the industry. After years of depressed prices stemming from surplus global primary production, capacity rationalizations upstream, and growing demand downstream, have combined to restore a delicate balance. Firms like Alcoa and Novelis are restructuring… Continue Reading

United States Asks WTO to Examine “Pervasive” AD/CVD Duty Evasion

Posted in Dumping and Subsidies, Manufacturing, TPA, TPP, Trade Agreement Compliance, Trade Policy, Uncategorized, World Trade Organization
The United States took another step this week to turn up the heat on companies who evade antidumping and countervailing duties, by asking a World Trade Organization committee to investigate the growing problem of antidumping duty “evasion services.” In a March 16 submission to the WTO Committee on Anti-Dumping Practices Informal Group on Anti-Circumvention, the… Continue Reading

Trains, Chips, and Servers: China Moves to Corner the IT Market

Posted in Manufacturing, Trade Agreement Compliance, Trade Negotiations, Trade Policy, World Trade Organization
The China Banking Regulatory Commission (CBRC) has issued a plan calling for “sinification” of the Chinese banking industry’s IT infrastructure, including computers, network equipment, data storage equipment, security devices, software, and other items. The plan would require that 75 percent of this IT infrastructure be Chinese-sourced by 2019.  While this state-mandated shift to domestic products… Continue Reading
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