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Category Archives: Trade Remedies

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USTR Announces Chinese Goods Subject to 25 Percent Tariffs

Posted in Trade Remedies
U.S. Will Review Additional Goods, Chinese Investment Restrictions Today, June 15, 2018, the Office of the United States Trade Representative (USTR) announced Chinese products that will and may be subject to special duties stemming from the Section 301 investigation into China’s IP practices. USTR has released two lists. List 1 covers 818 tariff lines that… Continue Reading

Update to China Section 301 Client Alert – USTR Releases Product List

Posted in Trade Remedies
On April 3, 2018, the Office of the United States Trade Representative (USTR) released a proposed list of products that will be subject to tariffs as part of the Administration’s response to findings from the Section 301 investigation into China’s IP practices. The list includes nearly 1,300 HTS codes and tariffs of 25%, in addition to any… Continue Reading

President Expected to Issue Billions in Tariffs on Chinese Goods, Investment Restrictions, and Possible WTO Case Due to China IP Violations

Posted in Trade Remedies
Brief President Trump is expected today to announce his determination and possible remedies regarding a Section 301 investigation into China’s Intellectual Property practices. The United States Trade Representative (USTR) conducted the investigation and is expected to issue its report detailing its findings soon as well. According to sources, the President is expected to impose tariffs… Continue Reading

U.S. Trade Representative Announces Safeguard Tariffs on Solar Cell and Module Imports

Posted in Trade Remedies
On Monday, the Trump Administration announced that President Trump had approved the imposition of new tariffs on imports of solar cells and modules, as well as a tariff-rate quota on imports of washing machines. The government will impose a 30% tariff on all imported cells and modules in the first year, which will drop to… Continue Reading

President Releases National Security Strategy

Posted in Trade Negotiations, Trade Policy, Trade Remedies
On Monday, the President released the Administration’s National Security Strategy.  Organized into four pillars – the protection of the American public, the promotion of American prosperity, the preservation of peace, and the advancement of American influence – the National Security Strategy reflects the Administration’s goals to “revitalize the American economy, rebuild {the} military, defend {the… Continue Reading

Commerce Department Finds that China Remains a Non-Market Economy Under U.S. Law

Posted in Trade Agreement Compliance, Trade Policy, Trade Remedies, World Trade Organization
On October 27, 2017, the U.S. Commerce Department issued its preliminary determination in the antidumping investigation of Aluminum Foil from China.  A key aspect of this determination was an analysis of whether China should continue to be treated as a non-market economy in U.S. antidumping investigations.  In this regard, Commerce concluded that China remains a… Continue Reading

CBP Announces Critical Interim Measures in New Investigations Against Evasion of the Antidumping Order on Chinese Diamond Sawblades

Posted in Antidumping, Customs Law, Trade Remedies
On Friday, September 22, U.S. Customs and Border Protection (CBP) announced interim measures in a consolidated investigation under the Enforce and Protect Act of 2015 (EAPA), against U.S. importers of Chinese sawblades Power Tek Tool, Inc. (Power Tek) and Lyke Industrial Tool, LLC (Lyke). CBP has a “reasonable suspicion” that Power Tek and Lyke are… Continue Reading

CBP Initiates Investigation and Takes Critical Interim Measures Against Evasion of Antidumping Order on Chinese Diamond Sawblades

Posted in Antidumping, Customs Law, Trade Remedies
U.S. Customs and Border Protection (CBP) under the Enforce and Protect Act of 2015 (EAPA) recently notified on the initiation of an investigation and adoption of interim measures against Diamond Tools Technology (DTT), finding that there is a “reasonable suspicion” that DTT is evading the antidumping duty order on Diamond Sawblades from China by transshipping… Continue Reading

President Trump Calls for Section 232 Reports in June; Comments Made Available to the Public

Posted in Trade Negotiations, Trade Policy, Trade Remedies
On April 20, 2017, President Trump issued a Presidential Memorandum for the Secretary of Commerce calling for an investigation into the national security implications of steel imports pursuant to Section 232 of Trade Expansion Act of 1962.  This marked the first invocation of Section 232 since 2001, when the Department of Commerce (Commerce) investigated imports… Continue Reading

Commerce Officially Launches Investigation to Determine Whether Steel Imports Should be Restricted on National Security Grounds

Posted in Announcements, National Security, Trade Remedies
The Trump Administration has officially launched an investigation into whether steel imports should be restricted on national security grounds pursuant to Section 232 of the Trade Expansion Act of 1962. Section 232 is a rarely-used provision of U.S. trade law and was last invoked in 2001.  The statute provides that investigations may be initiated upon… 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

Could Section 301 Return to Prominence?

Posted in Trade Agreement Compliance, Trade Negotiations, Trade Policy, Trade Remedies, World Trade Organization
Of the policy questions related to the incoming Trump Administration, one of the most compelling is whether the new President will revive Section 301 of the Trade Act of 1974 as a major component of U.S. trade policy.  Mr. Trump’s call to “direct all appropriate agencies to use every tool under American and international law… Continue Reading

U.S. Customs and Border Protection Issues First Notices of Action Under the Enforce and Protect Act

Posted in Antidumping, Customs Law, Dumping and Subsidies, Trade Remedies
Last week, U.S. Customs and Border Protection (CBP) posted two Notices of Action (NOAs) regarding allegations submitted pursuant to the Enforce and Protect Act (EAPA).  The NOAs—one to initiate an allegation and one notice of non-initiation—are the first that have been posted since CBP established its interim rules for EAPA allegations in August 2016. These… Continue Reading

CBP to Publish New Regulations on Evasion of Antidumping and Countervailing Duties

Posted in Announcements, Antidumping, Customs Law, Dumping and Subsidies, Trade Remedies
New Regulations Allow for Investigation of Duty Evasion U.S. Customs and Border Protection (CBP) released interim final regulations setting up a new procedure for investigating evasion of antidumping (AD) and countervailing duties (CVD).  The interim regulations, which are subject to public comment, put into place important provisions of the “Enforce and Protect Act of 2015,”… 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

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

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

President Obama Signs Into Law Trade Promotion Authority, Including Significant New Changes to Strengthen U.S. Trade Remedy Laws

Posted in TPA, TPP, Trade Negotiations, Trade Policy, Trade Remedies
Today, June 29, 2015, President Obama signed into law trade promotion authority (TPA), giving his administration the ability to negotiate international trade agreements subject to approval by Congress without amendment.  This is the first time TPA, which last expired in 2007, has been approved for the Obama Administration. The White House announcement is here. Today’s… Continue Reading

Victory for Domestic Industry on Single Transaction Bonds Issues

Posted in Appeals, Customs Law, Dumping and Subsidies, Trade Remedies
A closely watched case at the U.S. Court of International Trade (CIT) has resulted in a big victory for U.S. Customs & Border Protection (CBP) and for U.S. companies that avail themselves of the U.S. trade remedies laws. The case involved a challenge to CBP’s authority to require single transaction bonds (STBs) for goods subject… Continue Reading

Risks of Importing Goods Subject to Antidumping and Countervailing Duties

Posted in Appeals, Customs Law, Litigation, Trade Remedies
Two opinions released last week by the U.S. Court of International Trade (CIT) underscore the risks that importers face when bringing in goods subject to U.S. trade remedies laws. P.F. Stores, Inc. v. United States and Hutchison Quality Furniture, Inc. v. United States both involved importers of goods subject to the antidumping duty order on… 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

Senate Reaches Agreement on Consideration of TPA, Customs Enforcement, and other Trade Legislation

Posted in Trade Negotiations, Trade Policy, Trade Remedies
The Senate yesterday reached an agreement on the process for considering a set of trade bills, which would ultimately allow the Bipartisan Congressional Trade Priorities and Accountability Act 2015 (“TPA bill”) to proceed to debate and amendment on the Senate floor.  On Tuesday, a vote to invoke cloture for the TPA bill failed to pass… Continue Reading
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