Section 301 CIT Litigation: Current Status and What’s Next?
As many importers are aware, a lawsuit was brought against the United States arguing that the List 3 and List 4A tariffs violated The Trade Act of 1974, as well as the Administrative Procedure Act (APA). Once the initial lawsuit was filed by HMTX on September 10th, companies rushed to find trade counsel to submit a lawsuit on their behalf.
Section 301 Updates: The Coronavirus
The United States Trade Representative (USTR) has recently opened a comment period to address the ongoing COVID-19 pandemic. The USTR is inviting interested parties to submit a comment explaining whether a product currently covered by the Section 301 tariff action is needed for the medical and public health response against the virus.
Using Section 301 Tariff Exclusions
The window for filing a request for exclusions from the tariffs imposed by the Trump Administration on goods from China closed in late January. However, the process of granting exclusions is unfolding very slowly.
Updates with Chinese Trade War
President Trump signed the Phase 1 Agreement with China on January 15, 2020. As part of the agreement, China has pledged to purchase $200 billion worth of goods and services over the next two years – this would be a 50% increase from the current levels. The $200 billion worth of goods and services is broken down into four main categories over 2020 and 2021…
Chinese Retaliatory Tariffs and List 4
In light of President Trump’s decision to increase tariffs on the $200 billion list of Chinese imports, China has decided to raise tariffs on $60 billion worth of U.S. goods. These retaliatory tariffs affect approximately 5,000 products and the total duty ranges from 20-25% depending on the commodity.
Special 301 Duties on Aircraft – Are They Just Winging It?
In a Federal Register Notice dated April 12, 2019, the Office of the US Trade Representative (USTR) announced the initiation of an investigation into European Union (EU) subsidies of large aircraft. The notice also contained a list of European origin aircraft and other products targeted for potential additional duties.
Section 301 Considerations When Importing from a NAFTA Country
With the advent of the Section 301 tariffs, an issue that has been raised frequently is how to accurately determine the country of origin for Section 301 tariff purposes for goods imported from a NAFTA country. The NAFTA sets forth rules for determining the “country of origin” of products traded within the NAFTA territory under 19 CFR Section 102.
Trump’s Tariffs: Be Wary of the False Claims Act
With the imminent, and all too real, threat of an increase in Section 301 tariffs set for March 2nd, on more than 6,000 product lines from
