On September 15, 2020, a dispute settlement panel of the World Trade Organization (WTO) ruled that President Donald Trump’s tariffs against China violate the General Agreement on Tariffs and Trade (GATT) because they are prima facie inconsistent with Articles I:1 (Most-favored Nation Treatment) and certain of the GATT’s schedules and concessions, and the United States
Tariffs/Trade Policy
USTR Modifies Section 232 Tariffs on Canadian Aluminum
On September 15, 2020, the Office of the United States Trade Representative (USTR) issued a statement that it will “modify the terms of the 10% tariff imposed in August on imports of Canadian non-alloyed unwrought aluminum.” The United States will resume duty-free treatment of the Canadian aluminum retroactive to September 1, 2020, based on the…
U.S. Importer Sues U.S. Trade Representative for “Unlawful Escalation” of Section 301 Tariffs Against China
On September 10, 2020, HMTX Industries LLC and two of its subsidiaries (“complainants”) filed a complaint at the U.S. Court of International Trade (“CIT”) alleging an unlawful escalation of the ongoing trade war with China through the imposition of a third round of tariffs on imports covered under List/Tranche 3. Arguing that the Trade Act…
President Trump Adjusts Steel Imports from Brazil Under Section 232 of the Trade Expansion Act
On August 28, 2020, President Donald Trump issued a Presidential Proclamation No. 10064 to adjust U.S. imports of steel from Brazil for national security reasons. In May 2018, President Trump granted an exemption for Brazilian steel products from additional tariffs imposed under Section 232 of the Trade Expansion Act of 1962, which provides the president…
USTR Grants Extensions for Certain China Section 301 Tariff Exclusions for Products on List/Tranche 4A
On August 28, 2020, the Office of the U.S. Trade Representative (USTR) issued a Federal Register notice announcing the extension of numerous product exclusions from the Section 301 tariffs for imports from China appearing on List 4A (products from China with an annual trade value of $300 billion). The exemptions include 14 10-digit Harmonized Tariff…
United States and the European Union Agree to Certain Tariff Reductions
On August 21, 2020, the United States and the European Union (EU) agreed to tariff reductions on several products unrelated to ongoing trade disputes involving Section 232 national security tariffs on aluminum and steel products and retaliatory tariffs under the WTO dispute involving large commercial aircraft. In a Joint Statement issued by the Office of…
USTR Retroactively Excludes Two Additional Chinese Products from Section 301 Tariffs and Amends Other Product Exclusion Descriptions
On August 21, the Office of the U.S. Trade Representative (USTR) issued a Federal Register notice exempting Section 301 import tariffs for two additional List/Tranche 3 products from China (import from China with an annual trade value of $200 billion):
- Wallets, whether or not with wrist straps, of reinforced plastics, each measuring at least 17.5
…
USTR Makes Minor Revisions to List of EU Goods Subject to WTO Retaliatory Tariffs in Ongoing Dispute Over Large Civil Aircraft Subsidies
On August 12, 2020, the Office of the U.S. Trade Representative (USTR) released an updated list of goods from the European Union (EU) that will continue to be subject to retaliatory tariffs as part of the dispute settlement at the World Trade Organization (WTO) over Airbus subsidies. In June 2020, USTR sought public comment on…
Federal Trade Commission Seeks Comment on “Made in USA” Labeling
The Federal Trade Commission (FTC) has issued a Notice of Proposed Rulemaking (NPRM) seeking public comment on the “Made in USA” claim and other unqualified U.S.-origin claims on product labels. The FTC’s statutory authority allows it to pursue enforcement actions to prevent unfair and deceptive “Made in USA” and other U.S.-origin claims. According to the…
U.S. International Trade Commission Releases Final Report on Miscellaneous Tariff Bill Petitions
On August 10, 2020, the U.S. International Trade Commission (USITC) released its final report on miscellaneous tariff bill petitions it received under the 2016 American Manufacturing Competitiveness Act (AMCA).
As required by the AMCA, the USITC submitted the report to the U.S. House of Representatives Committee on Ways and Means and the U.S. Senate Committee…
