On June 22, 2020, the U.S. Supreme Court denied certiorari of an appeal by the American Institute for International Steel (AIIS) regarding the constitutionality of President Donald Trump’s authority to impose tariffs on steel imports under Section 232 of the Trade Expansion Act of 1962. The Court issued no formal statement; in declining to hear
Tariffs/Trade Policy
USTR Issues China Section 301 Tariff Exclusion for One Product Under List/Tranche 3
The Office of the U.S. Trade Representative (USTR) has issued a Federal Register notice exempting Section 301 import tariffs for one additional List 3 product from China (imports from China with an annual trade value of $200 billion):
- Motorboats with displacement hulls of reinforced fiberglass and wood, each motorboat measuring not less than 14.47 m
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USTR Issues Additional China Section 301 Tariff Exclusions for List/Tranche 4 Products
The Office of the U.S. Trade Representative (USTR) has issued a Federal Register notice excluding certain List/Tranche 4 products (imports from China with an annual trade value of $300 billion) from Section 301 tariffs of 10 percent. The exemptions cover two 10-digit Harmonized Tariff Schedule (HTS) subheadings and 32 specially-prepared product descriptions, which cover 55…
USTR Initiates Section 301 Digital Services Tax Investigations on EU, India and Others
The Office of the United States Trade Representative has announced it will begin investigations under Section 301 of the 1974 Trade Act into digital services taxes that have been adopted or are being considered by Austria, Brazil, the Czech Republic, the European Union, India, Indonesia, Italy, Spain, Turkey, and the United Kingdom. According to the…
USTR Issues Notice Seeking Public Comment on Extending China Section 301 Tariff Exclusions for List/Tranche 3 Products Set to Expire in August 2020
On May 29, 2020, the Office of the U.S. Trade Representative (USTR) released a Federal Register notice seeking public comment on whether extensions for up to 12 months should be granted for particular products that have received exclusions in the China Section 301 process from the 25 percent tariff on imports from China with an…
USTR Issues Notice Seeking Public Comment on Extending China Section 301 List/Tranche 1 Product Exclusions Set to Expire in September 2020
On May 29, 2020, the Office of the U.S. Trade Representative (USTR) released a Federal Register notice seeking public comment on whether extensions for up to 12 months should be granted for particular products receiving exclusions in the China Section 301 process from the 25 percent tariff on imports from China with an annual trade…
Changing Hong Kong’s Special Trade Status? State Department Refuses to Certify Hong Kong’s Autonomy
Hong Kong currently enjoys special trade status with the United States in comparison to China, as a result of China’s agreement in 1997 to allow Hong Kong continued autonomy in many economic and administrative ways. As recent press articles have indicated, the People’s Republic of China (PRC) has increasingly cracked down on the Hong Kong…
USTR Grants Extensions for Imported Chinese Products With Section 301 Tariff Exclusions Expiring June 4, 2020
The Office of the U.S. Trade Representative (USTR), after seeking comments on whether to extend for up to 12 months exclusions from the Section 301 tariffs granted in June 2019 for certain imports from China (see Trump and Trade Update of March 22, 2020), has approved 16 extensions covering the following Harmonized Tariff Schedule…
USTR Revokes Two Section 301 Product Exclusions for List/Tranche 4 Products
In a May 28, 2020 Federal Register notice, the Office of the U.S. Trade Representative (USTR), without explanation or precedent, revoked two granted Section 301 product exclusions. In early May 2020, the USTR approved a batch of product exclusions for certain List/Tranche 4 products (imports from China with an annual trade value of $300…
USTR Releases Negotiating Objectives for U.S.-Kenya Trade Agreement; ITC Initiates Investigation on Probable Economic Impact on Imports from Kenya
The Office of the U.S. Trade Representative (USTR) has released its summary of specific negotiating objectives for the initiation of U.S.-Kenya trade negotiations. As part of the process of formulating these objectives, the USTR on March 23, 2020, solicited public comments (see Trump and Trade Update of April 13, 2020) and received over…
