USTR Concludes China Section 301 4-Year Statutory Review, Issues Additional Tariffs on Tungsten Products, Wafers, and Polysilicon

USTR Concludes China Section 301 4-Year Statutory Review, Issues Additional Tariffs on Tungsten Products, Wafers, and Polysilicon

The Office of the United States Trade Representative (“USTR”) announced tariff increases under Section 301 for imports from the People’s Republic of China of certain tungsten products, wafers, and polysilicon. The USTR also confirmed that these modifications conclude Section 301 4-year statutory review.

Bill Introduced to Hike Duties on Chinese Imports and End De Minimis

Bill Introduced to Hike Duties on Chinese Imports and End De Minimis

On November 14, 2024, Chairman John Moolenaar (R-MI) of the House Select Committee on the Chinese Communist Party announced the introduction of the Restoring Trade Fairness Act (“RTFA” or “Act”), a bill that would revoke China’s Permanent Normal Trade Relations (“PNTR”) status with the U.S., a designation that has facilitated favorable trade terms since 2000, increase the rates of duty applicable to goods from China, and end de minimis imports from China.

New Exclusion Process for Machinery Subject to Section 301 China Tariffs

New Exclusion Process for Machinery Subject to Section 301 China Tariffs

The Office of the United States Trade Representative (USTR) has announced that it opened an electronic portal on October 15, 2024, establishing a process by which interested persons may submit requests for temporary exclusion from Section 301 China tariffs for particular machinery used in domestic manufacturing classified within Chapters 84 and 85 of the Harmonized Tariff Schedule of the United States (HTSUS). The subheadings eligible for consideration of temporary exclusion under the machinery exclusion process are set forth in Annex E of another USTR notice published on September 18, 2024. Exclusion requests will be accepted through March 31, 2025.

Biden Administration Announces Proposed Rules to Impact E-Commerce Shipments

Biden Administration Announces Proposed Rules to Impact E-Commerce Shipments

The Biden Administration announced today that it is pursuing significant regulatory actions, including a proposal to exclude goods subject to major trade actions, such as Section 301 tariffs, from de minimis entry and require additional information for each de minimis entry that remains eligible. Since the de minimis entry exemption is used to import most e-commerce shipments, this proposed action would prohibit any Chinese merchandise subject to Section 301 tariffs from utilizing the de minimis exemption.

USTR Finalizes Section 301 Tariff Modifications and Increases Tariffs on a Variety of Goods

USTR Finalizes Section 301 Tariff Modifications and Increases Tariffs on a Variety of Goods

The Office of the United States Trade Representative (USTR) today announced final modifications concerning the statutory review of the tariff actions in the Section 301 investigation of the People’s Republic of China’s (China) Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. In this announcement, the USTR is following up on prior tariff modifications as reported earlier this year following a statutorily mandated review of the Section 301 tariffs on imports from China. 

USTR Announces Tariff Provisions Scheduled for China Tariff Increases

USTR Announces Tariff Provisions Scheduled for China Tariff Increases

The U.S. Trade Representative (“USTR”) has issued a Federal Register Notice today outlining which tariff provisions in the Harmonized Tariff Schedule of the United States (“HTSUS”) are scheduled for Section 301 tariff increases. As explained in our advisory last week, President Biden directed USTR to maintain the Section 301 tariffs currently levied on goods from China, while also significantly increasing the tariffs for certain products.

USTR Raises China Tariffs; Signals New Exclusion Process

USTR Raises China Tariffs; Signals New Exclusion Process

President Biden has announced a series of increases on Section 301 tariffs focused on approximately $18 billion worth of imports from China in response to the country’s unfair trade practices. Following a statutorily mandated review of the Section 301 tariffs on imports from China, the U.S. Trade Representative (“USTR”) has recommended in its report to President Biden that products currently subject to section 301 tariffs on goods from China remain subject to the existing additional tariffs, while certain categories of products will see significant increases in the additional tariffs assessed.

USTR to Consider New China Tariffs & Allegations

USTR to Consider New China Tariffs & Allegations

On March 12, the United States Trade Representative (USTR) received a petition from various labor unions addressing China's policies concerning critical maritime, logistics, and shipbuilding sectors. The petition seeks relief from alleged unfair trade practices under Section 301 of the Trade Act of 1974 - the same statute that has been used to address other unfair trade allegations resulting in the current special tariffs assessed against China.

AD/CVD Investigation Broadly Targets Aluminum Extrusions and Downstream Products

AD/CVD Investigation Broadly Targets Aluminum Extrusions and Downstream Products

On October 4, 2023, the US Aluminum Extruders Coalition and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (collectively, the "Petitioners") filed an antidumping ("AD") and countervailing ("CVD") duty petition before the U.S. Department of Commerce (“DOC”) and the U.S. International Trade Commission (“ITC”) concerning aluminum extrusions and merchandise produced from aluminum extrusions.

U.S. Expands Sanctions Against Russia

U.S. Expands Sanctions Against Russia

On May 19, 2023, the United States introduced a number of expanded sanctions and export controls on Russia and Belarus. These sanctions were imposed following the G7 Leaders’ Summit meeting conducted the prior week in Japan, and were coordinated with similar measures imposed by the other G7 countries and with Australia in an effort to further curtail the development of Russia’s military and industrial sectors in its ongoing invasion of Ukraine. In this advisory, we focus on the new sanctions and export controls that were imposed by the U.S. Bureau of Industry and Security (“BIS”).

Court Rules USTR Had Authority to Impose List 3 / 4A Section 301 Tariffs; Remands on Other USTR Decisions

Court Rules USTR Had Authority to Impose List 3 / 4A Section 301 Tariffs; Remands on Other USTR Decisions

The Court of International Trade (CIT) issued its decision in the lead case challenging the imposition of List 3 / 4A Section 301 China tariffs. In Re Section 301 Cases, CIT Docket No. 21-00052. The CIT ruled that the U.S. Trade Representative (USTR) had the authority to impose List 3 & 4A tariffs while in direct response to China imposing retaliatory tariffs. A copy of the decision can be accessed here.

USTR SEEKS COMMENTS TO REINSTATE PRIOR CHINA TARIFF EXCLUSIONS

USTR SEEKS COMMENTS TO REINSTATE PRIOR CHINA TARIFF EXCLUSIONS

The USTR has announced that the agency will open a comment period on whether to reinstate certain Section 301 tariff exclusions that were previously extended in the past, but were allowed to expire. A copy of the USTR notice can be found here. The process will be limited to those tariff exclusions where the agency had previously received a request to extend coverage of the exclusion, and the agency had granted the extension. Therefore, this process is limited to 549 exclusions identified by the agency. The complete list can be accessed here.

Trump Administration’s Final Days Include Flurry of Export Restrictions Targeting China

Trump Administration’s Final Days Include Flurry of Export Restrictions Targeting China

With the imminent transfer of power to President-Elect Biden on January 20, 2021, the Trump Administration has spent its final days engaging in a last-minute blitz of rulemaking further targeting export licensing requirements and restrictions involving technology and sanctions primarily with China. Each of these actions are notable in their own right; taken together, they represent agencies furiously working to buttress President Trump’s national security and foreign trade agenda, particularly with respect to U.S. tightening of export licensing requirements and sanctions on entities in China, before the expiration of his term.

USTR Provides Section 301 Relief on Products Used in the Fight Against COVID-19

USTR Provides Section 301 Relief on Products Used in the Fight Against COVID-19

Earlier this evening, the United States Trade Representative (“USTR”) announced that it will extend certain relief on China tariffs for PPE and medical care products. The relief comes as certain product exclusions were set to expire at the end of the year. The USTR has announced that these extended product exclusions will apply as of January 1, 2021 through March 31, 2021.