The Office of the U.S. Trade Representative (USTR) has issued a Federal Register notice seeking public comment on the possible extension of Section 301 tariff exclusions for certain products that it granted on May 6, 2019, in the ongoing trade dispute with China. These exclusions were in the third batch of exclusions granted as part
Scott E. Diamond**
Scott is a senior policy advisor with more than 25 years' experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor compliance, corporate anti-boycott and antibribery compliance, national security investigations, and foreign direct investment in the United States.
**Not licensed to practice law.
Federal Circuit Upholds President Trump’s Section 232 Tariff Authority
In a ruling by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit), a three-judge panel has upheld a lower court’s ruling that Congress’s delegation of authority over trade does not violate the Constitution. This ruling is the result of a complaint filed in June 2018 by several steel-related trade groups alleging that…
President Trump Declines to Impose Section 232 Tariffs on Titanium Sponge Imports
On February 27, 2020, President Donald Trump issued a Presidential Memorandum declining to impose Section 232 tariffs on imports of titanium sponge. While concurring with the findings of the Department of Commerce’s Section 232 report that imports of titanium sponge threaten to impair national security, the president declined to take action in the form of…
Commerce Tightens Licensing Policy for U.S. Exports to Russia and Yemen
On February 24, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a Federal Register notice announcing amendments to the Export Administration Regulations (EAR) that revise export licensing policy toward the Russian Federation and Yemen based on national security and foreign policy concerns. Under the EAR, BIS has established various “Country Group”…
USTR Announces Additional Section 301 Tariff Exclusions for Certain Imported Chinese Products on List 2
For only the fourth time, the Office of the U.S. Trade Representative (USTR) has published a Federal Register notice announcing Section 301 tariff exclusions for certain imported Chinese products appearing on List 2. These products have been subject to Section 301 tariffs since August 23, 2018, when President Donald Trump announced additional import duties on…
USTR Announces Additional Section 301 Tariff Exclusions for Certain Imported Chinese Products on List 3
The Office of the U.S. Trade Representative (USTR) has published a Federal Register notice announcing additional Section 301 tariff exclusions for certain imported Chinese products appearing on List 3. These products have been subject to Section 301 tariffs since September 24, 2018, when President Donald Trump announced additional import duties on Chinese goods with an…
USTR Revises and Increases Tariffs in WTO Dispute Award Against EU Concerning Large Civil Aircraft Subsidies
The Office of the U.S. Trade Representative (USTR) has announced in a forthcoming Federal Register notice that the United States will increase the tariffs imposed on aircraft imported from the European Union (EU) from 10% to 15% on March 18, 2020. These tariffs resulted from an October 2019 ruling by a World Trade Organization (WTO)…
Congressional Democrats Demand Release of Section 232 Report on Automobiles and Auto Parts
In a February 13, 2020 letter to President Donald Trump, members of the New Democrat Coalition (NDC), a group of Congressional Democrats generally supportive of free trade, demanded that the final Section 232 report on automobiles and auto parts submitted to the president in February 2019 be released. Referencing provisions in the Consolidated Appropriations Act…
USTR’s Report Lambastes WTO’s Appellate Body for Failing to Follow WTO Rules and Agreements
The Office of the U.S. Trade Representative (USTR) has released its Report on the Appellate Body of the World Trade Organization (WTO), providing an in-depth assessment of the Appellate Body’s alleged “failure to comply with WTO rules and interpret WTO agreements as written.” In a press release, USTR Robert Lighthizer stated, “For more than 20…
USTR Issues Additional Section 301 Tariff Exclusions for Certain Imported Chinese Products on List 1
The Office of the U.S. Trade Representative (USTR) has published a Federal Register notice approving exclusions from the Section 301 tariff for four imported Chinese products appearing on the first list/tranche of goods valued at $34 billion. The products are:
- Centrifugal pumps, submersible, designed for use in artificial lift systems for extracting oil and gas
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