On March 7, 2019, Cambria Company LLC filed petitions on behalf of the domestic industry with the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (Commission) seeking antidumping and countervailing duties on imports of certain quartz surface products from India and Turkey. According to the petitions, quartz surface product imports from these two countries are being sold at less than fair value in the United States and receive countervailable subsidies, causing material injury and threatening further material injury to the U.S. industry if duties are not imposed.
Tariffs/Trade Policy
USTR Releases Fourth Batch of China Section 301 Product Exclusion Approvals
On the same day that the Office of the U.S. Trade Representative (USTR) raised the Section 301 tariff rate to 25 percent on imports from China valued at $200 billion that had been subject to a 10 percent tariff rate since September 24, 2018, the USTR also announced its fourth batch of products to be…
Update on Shipments in Process: Increase of Section 301 Import Tariff on Third Tranche of Chinese Products from 10% to 25%
Since publication of yesterday’s update (see Trump Administration Increases Section 301 Import Tariff on Third Tranche of Chinese Products from 10% to 25%), questions have been raised as to whether the tariff increase affects shipments from China in process, or “on the water.” The USTR has indicated that products of China that are covered…
Trump Administration Increases Section 301 Import Tariff on Third Tranche of Chinese Products from 10% to 25%
Today, the Office of the U.S. Trade Representative (USTR) formally published a notice in the Federal Register confirming what President Donald Trump tweeted out last Sunday: U.S. imports of Chinese products, valued at $200 billion, that have been subject to a Section 301 10 percent tariff since September 24, 2018, will face a 25 percent…
Trump Tweets Additional Section 301 Tariffs on Chinese Products To Be Imposed May 10
Just days after it became publicly known that U.S. Trade Representative (USTR) Robert Lighthizer was preparing to implement an exclusion request process for the third tranche of imported Chinese products valued at $200 billion and subject to a 10 percent tariff under Section 301 of the Trade Act of 1974 (see Trump and Trade Update…
USTR Lighthizer Indicates Exclusion Process Will Begin for Chinese Products Subject to 10% Tariff
In February 2019, U.S. Trade Representative (USTR) Robert Lighthizer testified before the House Ways & Means Committee regarding U.S.-China trade issues (see Trump and Trade Update of February 28, 2019). During the hearing, Lighthizer testified that an exclusion request process would be instituted on the third tranche of imported Chinese products subject to a…
U.S. International Trade Commission Releases Report on the Likely Impact of the United States-Mexico-Canada Agreement
The U.S. International Trade Commission (USITC) has released its report assessing the likely impact of the United States-Mexico-Canada Agreement (USMCA) on the U.S. economy as a whole and on specific industry sectors and the interests of U.S. consumers. The report, United States-Mexico-Canada Agreement: Likely Impact on the U.S. Economy and Specific Industry Sectors (Investigation No. TPA-105-003, USITC Publication 4889, April 2019), was prepared at the request of the U.S. Trade Representative (USTR) and required by the Bipartisan Congressional Trade Priorities and Accountability Act of 2015.
In preparing its report, the USITC investigated the USMCA’s expected impact on the U.S. gross domestic product; exports and imports; aggregate employment and employment opportunities; and the production, employment and competitive position of industries likely to be significantly affected by the agreement. On its website, the USITC listed these main findings:
- The elements of the USMCA that would have the most significant effects on the U.S. economy are: (1) provisions that reduce policy uncertainty about digital trade; and (2) certain new rules of origin applicable to the automotive sector. The report also notes that for many industry sectors, particularly services industries, the USMCA’s new international data transfer provisions should be of interest, including provisions that largely prohibit forced localization of computing facilities and restrictions on cross-border data flows.
- Because NAFTA has already eliminated duties on most qualifying goods and significantly reduced nontariff measures, the USMCA’s emphasis is on reducing remaining nontariff measures on trade and the U.S. economy; addressing other issues that affect trade, such as workers’ rights; harmonizing regulations from country to country; and deterring certain potential future trade and investment barriers.
- The USMCA would strengthen and add complexity to the rules of origin requirements in the automotive sector by increasing regional value content (RVC) requirements. The USMCA’s requirements on this matter are estimated to increase U.S. production of automotive parts and employment in the sector but also to lead to a small increase in the prices and small decrease in the consumption of vehicles in the United States.
- The USMCA would establish commitments to open flows of data, which would positively impact a wide range of industries that rely on international data transfers. The agreement would reduce the scope of the investor-state dispute settlement (ISDS) mechanism, a change that, based on modeling results, would reduce U.S. investment in Mexico and would lead to a small increase in U.S. investment at home and output in the manufacturing and mining sectors.
- Labor standards and rights would be strengthened, if enforced under the USMCA, including those related to collective bargaining in Mexico, which would promote higher wages and better labor conditions in that country.
- New intellectual property rights provisions would increase protections for U.S. firms that rely on intellectual property.
U.S. Trade Representative Releases Third List of Product Exclusions from Section 301 China Tariffs
The Office of the U.S. Trade Representative has released another list of products that have been granted exclusions from the Section 301 tariffs on imported goods from China, granting exemptions in response to 348 separate exclusion requests for products that meet 21 specially prepared product descriptions. The exclusions cover a wide range of products, including…
U.S. Coalition Files Antidumping and Countervailing Duty Petitions on Ceramic Tiles from the PRC
On April 10, 2019, the Coalition for Fair Trade in Ceramic Tile (Coalition) filed petitions with the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (Commission) seeking antidumping (ADD) and countervailing (CVD) duties on imports of ceramic tile products from the People’s Republic of China (PRC). The Coalition consists of U.S. ceramic…
WTO Dispute Settlement Panel’s Decision to Rule on National Security Exception May Have a Major Impact on Trump Administration’s Section 232 Tariffs
A World Trade Organization (WTO) dispute settlement panel ruling, Russia – Measures Concerning Traffic in Transit, issued last week on a member’s use of the WTO’s so-called “national security exception” under Article XXI of the General Agreement on Tariffs and Trade (GATT) may have a significant impact on the Trump administration’s application of…
