November 2018

On the sidelines of the international G-20 (Group of Twenty) forum in Buenos Aires, Argentina, U.S. President Donald Trump, Canadian Prime Minister Justin Trudeau and Mexican President Enrique Peña Nieto signed today the new United States-Mexico-Canada Agreement (USMCA), launching the formal process to replace the North American Free Trade Agreement (NAFTA). During the signing ceremony,…

On September 18, 2018, the U.S. Trade Representative (USTR) announced the exclusion request process for the Trump administration’s second tranche of products covered under the Section 301 trade action against China for its unfair policies and practices involving forced technology transfers and intellectual property rights. On August 16, 2018, the United States implemented retaliatory tariffs…

The Office of the U.S. Trade Representative (USTR) has released an updated Section 301 report concerning China’s forced technology transfers and infringement of intellectual property rights. This report updates the original March 22, 2018 investigation findings and follows the U.S. government’s imposition of import tariffs on July 6, 2018, August 23, 2018 and September 24,…

U.S. Customs and Border Protection (CBP) issued a significant ruling in September that distinguished between North American Free Trade Agreement (NAFTA) country-of-origin marking rules and the country-of-origin rules applying to products subject to Section 301 tariffs and trade remedy duties. In its ruling, CBP determined that Chinese-origin components imported into Mexico for assembly into an…

On November 19, 2018, the Bureau of Industry and Security (BIS) at the Department of Commerce issued an Advance Notice of Proposed Rulemaking (ANPRM) seeking public comment on criteria for identifying emerging technologies essential to U.S. national security. In the National Defense Authorization Act (NDAA) for Fiscal Year 2019, Congress passed the Export Control Reform…

On October 16, 2018, the U.S. Trade Representative (USTR) notified Congress of the Trump administration’s plans to enter into free trade agreement negotiations with the United Kingdom (UK) after the UK has exited the European Union. (See Trump and Trade Update dated October 17, 2018.) The USTR is seeking to remove both tariff and…

Early in his presidency, President Donald Trump undertook a review of U.S. policy toward Cuba and announced, via a presidential memorandum in June 2017, revisions to that policy to once again restrict certain travel and limit the sale of goods and technology that might benefit the Cuban military. (See Trump and Trade Update of June…

On October 16, 2018, the U.S. Trade Representative (USTR) notified Congress of the Trump administration’s plans to enter into free trade agreement negotiations with the European Union (EU). (See Trump and Trade Update dated October 17, 2018.) The USTR is seeking to remove both tariff and non-tariff barriers and to achieve fairer, more balanced…

The United States has announced additional financial sanctions on three individuals and nine entities supporting Russia’s attempt to integrate the Crimea region of Ukraine through private investment and privatization projects or engaging in serious human rights abuses in furtherance of Russia’s occupation or control over parts of Ukraine. Under Secretary of the Treasury for Terrorism…

On November 7, 2018, the Department of Commerce’s International Trade Administration (ITA) issued an affirmative final determination in the antidumping duty (AD) and countervailing duty (CVD) investigations of imports of common alloy aluminum sheet from the People’s Republic of China (China). These investigations were self-initiated by the Trump administration last year (see Trump and Trade…