On November 23, 2022, the Office of the U.S. Trade Representative (USTR) announced the further extension of exclusions for numerous products used to combat COVID-19 that are subject to China Section 301 tariffs. The exclusions were scheduled to expire on November 30, 2022, and have been extended for an additional 90 days, until February 28,
U.S. Paper File Folder Industry Files Petition Alleging Injury from Dumped Imports from China, India and Vietnam and Subsidized Imports from India
In an October 12, 2022 petition, the Coalition of Domestic Folder Manufacturers (“Coalition”) alleged that paper file folder imports from China, India and Vietnam are being sold in the United States at less than fair market value with dumping rates as high as 236% and that paper file folder imports from India are benefitting from
USTR Seeks Comments in Four-Year Review of China Section 301 Tariffs
On October 12, 2022, the Office of the U.S. Trade Representative (USTR) issued a notice and request for comments regarding its ongoing four-year statutory review of the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. The USTR is seeking public comments on the effectiveness of the
Commerce Section 232 Magnet Import Investigation Concludes Without Tariffs
On September 21, 2022, after a year-long Section 232 investigation, the Department of Commerce’s Bureau of Industry and Security (BIS) announced that rare earth neodymium-iron-boron (NdFeB) magnet imports threaten national security. The investigation was initiated in September 2021 due to concerns that “critical national security systems rely on NdFeB permanent magnets, including fighter aircraft and
Plaintiffs in China Section 301 Tariff Refund Litigation File Comments on USTR’s Remand Explanation
On September 14, 2022, the plaintiff group in the ongoing China Section 301 tariff refund litigation before the Court of International Trade (CIT) filed its comments in response to the USTR’s remand explanation. The comments highlight that the CIT offered the USTR a final opportunity to explain its rationale and reasoning as to why it
USTR to Continue Section 301 Tariffs on China During Four-Year Review Process
On September 2, 2022, the Office of the United States Trade Representative (USTR) confirmed, as part of its statutory four-year review process under the Trade Act of 1974, that (1) domestic industry representatives benefiting from the tariff actions in the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property,
U.S. and Taiwan Open Formal Negotiations on Trade Initiative
On August 17, 2022, the Office the U.S. Trade Representative announced that formal negotiations have commenced with Taiwan on the United States-Taiwan Initiative on 21st Century Trade. This trade initiative was first announced in June 2022 as an effort to “deepen the economic and trade relationship, advance mutual trade priorities based on shared values, and
USTR Files Remand Results Explanation in China Section 301 Tariff Refund Litigation
On August 1, 2022, and as directed by the U.S. Court of International Trade (CIT) in its April 2022 decision (see Update of April 6, 2022), the Office of the U.S. Trade Representative (USTR) filed a 90-page explanation in support of its rationale for imposing List 3 and List 4A tariff determinations to
USTR Seeks Comments to Develop Trade Strategy on Forced Labor
On July 6, 2022, the Office of the U.S. Trade Representative (USTR) issued a notice seeking public comments to assist in the development of a forced labor trade strategy. The notice indicates that the strategy “will identify priorities and establish an action plan for utilizing existing and potential new trade tools to combat forced labor
Federal Circuit Dismisses Broad Challenge to Section 232 Tariffs
In a June 9, 2022 opinion, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit or CAFC) upheld the decision by the U.S. Court of International Trade (CIT) dismissing Universal Steel Products Holding’s challenge to Section 232 tariffs that the Trump administration placed on steel imports. The plaintiffs had earlier challenged both