The Office of the U.S. Trade Representative (USTR) has announced that it will continue to exclude Section 301 duties on imports of certain Chinese medical care products needed to address the COVID-19 pandemic. The current exclusions were set to expire on March 31, 2021 (see Update of December 23, 2020); however, with this
U.S. and EU Temporarily Suspend WTO Retaliatory Tariffs on Large Civilian Aircraft
On March 5, 2021, the United States and the European Union (EU) issued a joint statement announcing a suspension of World Trade Organization (WTO)-authorized retaliatory tariffs in the trade dispute involving government subsidies for large civilian aircraft. The statement notes the suspension “will cover all tariffs both on aircraft as well as on non-aircraft products,…
U.S. and UK Temporarily Suspend WTO Retaliatory Tariffs on Large Civilian Aircraft
On March 4, 2021, the United States and the United Kingdom released a joint statement announcing a suspension of World Trade Organization (WTO)-authorized retaliatory tariffs in the WTO’s longest-running trade dispute involving government subsidies for large civilian aircraft. The statement notes that the UK ceased applying retaliatory tariffs on January 1, 2021, and that the…
CIT Questions Use of First Sale Rule for NME Countries Commonly Used to Mitigate China Tariffs
The U.S. Court of International Trade (CIT) has called into question the “First Sale Rule” tariff mitigation strategy deployed by an increasing number of companies to reduce Section 301 tariffs on China-sourced goods. In Meyer Corp. v. U.S., No. 13-00154, Slip Op. 21-26 (March 1, 2021), the CIT questioned whether the First Sale Rule…
USTR Releases President Biden’s 2021 Trade Agenda and 2020 Annual Report
On March 1, 2021, the Office of the United States Trade Representative (USTR) released President Joseph Biden’s 2021 Trade Agenda and 2020 Annual Report. Providing an overview of “a comprehensive trade policy in support of the administration’s effort to help the U.S. recover from the COVID-19 pandemic and build back better,” the report states…
President Biden Issues Executive Order on Securing Critical Supply Chains
On February 24, 2021, President Joseph Biden signed an executive order seeking “to create more resilient and secure supply chains for critical and essential goods.” Noting shortages over the past year of medicine, food and computer chips, the president stated that, “While we cannot predict what crisis will hit us, we should have the capacity…
OFAC and BitPay Enter into Settlement Agreement for Apparent Violations Related to Digital Currency Transactions
On February 18, 2021, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) entered into a $507, 375 settlement with BitPay, Inc. (“BitPay”) for 2,102 apparent violations of multiple sanctions programs. BitPay, a cryptocurrency company offering payment processing solutions for merchants to accept digital currency as payment for goods and services, agreed to…
BIS Formalizes Sanctions on Burma
On February 18, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a notice in the Federal Register announcing formal actions to limit exports and reexports of sensitive goods to Burma’s military and security services as previously announced by press release. See Update of February 12, 2021. In response to the…
CIT Issues Procedural Orders in China Section 301 Tariff Refund Litigation
The three-judge panel established by the Court of International Trade (CIT) to manage the China Section 301 tariff refund litigation has issued two procedural orders in the recently-established master case (Court No. 21-cv-00052-3JP) (see Update of February 8, 2021), setting a path forward for this massive litigation.
In a February 10, 2021 order…
Biden Administration Asks Federal Courts to Pause TikTok and WeChat Cases
The Department of Justice (DOJ) has filed motions in federal court seeking a pause in litigation involving TikTok and WeChat until the new administration of President Joseph Biden has time to consider former President Trump’s August 6, 2020 Executive Orders declaring that these Chinese social media apps are a national security threat and prohibiting certain…
