On March 23, 2022, the Office of the U.S. Trade Representative (USTR) announced that it was reinstating certain previously granted and extended product exclusions in the China Section 301 investigation. Per the Federal Register notice, USTR has reinstated 352 of the 549 eligible exclusions identified in the October 8, 2021 USTR Federal Register notice
Tariffs/Trade Policy
U.S. and UK Announce Agreement on Steel and Aluminum Section 232 Tariffs
On March 22, 2022, the United States and the United Kingdom reached agreement on allowing “sustainable volumes” of UK steel and aluminum products to enter the U.S. market without the application of Section 232 tariffs. The Joint Statement notes that both the United States and UK will monitor steel and aluminum trade between the countries…
Biden Calls on Congress to Suspend “Normal Trade Relations” Status of Russia
On March 11, 2022, President Biden called on Congress to pass legislation that will revoke normal trade relations (NTR) with Russia, and announced that the administration “will work closely with Congress to deny Russia the benefits of its WTO membership and ensure that Russian imports do not receive most favored nation treatment” in the U.S.…
BIS Expands Russian Oil Industry Sanctions and Adds Russian Companies to the Entity List
On March 4, 2022, the Department of Commerce’s Bureau of Industry and Security (BIS) announced further sanctions to target Russia’s strategic oil/gas and military/defense sectors. BIS stated that the actions are intended to further restrict access to U.S. commodities, software, and technology in order to limit Russia’s “ability to raise revenue from the sale of…
USTR Again Criticizes China’s WTO Compliance
On February 15, 2022, the Office of the U.S. Trade Representative (USTR) released its annual 2021 Report To Congress on China’s WTO Compliance. Upon the release of the report, USTR Katherine Tai said: “China has not moved to embrace the market-oriented principles on which the WTO and its rules are based … [but] has…
United States and Japan Enter Steel Import TRQ Agreement to Address Section 232 Tariffs
On February 7, 2022, the United States and Japan announced an agreement to allow “historically-based sustainable volumes of Japanese steel products to enter the U.S. market without the application of Section 232 tariffs.” Under the agreement, the United States will implement a tariff-rate quota (TRQ) on steel imports from Japan, effective April 1, 2022. Under…
CIT Holds Oral Argument in China Section 301 Tariff Refund Litigation
On February 1, 2022, a three-judge panel at the U.S. Court of International Trade (CIT) held oral argument in the China Section 301 tariff refund litigation to consider the government defendants’ motion to dismiss and the plaintiffs’ cross motion for judgment on the record. Arguments by both parties focused on three main issues: (1) justiciability;…
CBP Issues Notice of Finding that Certain Palm Oil and Derivative Products from Malaysia Involve Forced Labor
U.S. Customs and Border Protection (CBP) has issued a “Notice of Finding” in which it has determined that certain palm oil and derivative products made wholly or in part with palm oil produced by Sime Darby Plantation Berhad, its subsidiaries, and joint ventures with the use of convict, forced or indentured labor, are…
DHS Seeks Public Comment on Methods to Prevent the Importation of Goods Originating from Forced Labor in China
On January 24, 2022, the Department of Homeland Security, on behalf of the Forced Labor Enforcement Task Force (Task Force), issued a request for public comments on “how best to ensure that goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part with forced labor in the People’s Republic of China are…
CBP Issues Guidance on EU Section 232 Tariff Rate Quotas on Imports of Aluminum and Steel Articles
On December 29, 2021, U.S. Customs and Border Protection (CBP) issued several guidance documents through its Cargo Systems Messaging Service concerning recent Presidential Proclamations that established the tariff rate quota (TRQ) process for imports of aluminum and steel articles from the member countries of the European Union (EU). See Update of December 29, 2021 for…
