Tariffs/Trade Policy

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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…

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;…

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…

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…

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…

On December 28, 2021, Presidential Proclamation 10326 directing the modification of the Harmonized Tariff Schedule of the United States (HTSUS) was published in the Federal Register, triggering the 30-day implementation process.  As previously reported — see Update of November 23, 2021 — the recommended HTSUS modifications will primarily update the HTSUS to conform to…

On December 28, 2021, President Joseph Biden issued two proclamations – Adjusting Imports of Steel into the United States and Adjusting Imports of Aluminum into the United States.  In each proclamation, the president acknowledged that:

“the United States has successfully concluded discussions with the EU [European Union] on behalf of its member countries on…

On December 21, 2021, the Office of the U.S. Trade Representative (USTR) released its annual report submitted to Congress assessing Russia’s implementation and enforcement of its World Trade Organization (WTO) commitments. In keeping with the tone of past annual USTR reports on this topic, Ambassador Katherine Tai, the USTR, stated that the 2021 report…

On November 24, 2021, the Office of the U.S. Trade Representative (USTR) announced that the United States and India reached an agreement regarding the treatment of Digital Services Taxes (DSTs). Under the agreement, India will remove its existing DSTs before the entry into force of Pillar 1 of the agreement on global taxation of the…

On November 22, 2021, the Office of the U.S. Trade Representative (USTR) announced that the United States and Turkey reached an agreement regarding the treatment of Digital Services Taxes (DSTs).

Under the agreement, Turkey will remove its existing DSTs before the entry into force of Pillar 1 of the agreement on global taxation of the…