News & Analysis as of

Trade Act of 1974

King & Spalding

USTR Initiates New Process To Request Exclusions From The Section 301 China Tariffs For “Certain Machinery Used In Domestic...

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Exclusion requests must be filed by March 31, 2025 and granted exclusions would be available through May 31, 2025 - On October 15, 2024, the Office of the U.S. Trade Representative (“USTR”) established an electronic portal...more

ArentFox Schiff

As the (Customs and Trade) World Turns: October 2024

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Welcome to the October 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and...more

ArentFox Schiff

Administration Action Could Unravel the De Minimis Exception for Goods From China

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Many e-commerce retailers are closely monitoring increasing bipartisan criticism of the Section 321 de minimis program. This program, which provides an exemption for goods valued at $800 or less destined to a single person on...more

Kelley Drye & Warren LLP

New Actions Announced by the Biden-Harris Administration May Signal Changes to De Minimis Exemption

On September 13, the Biden-Harris Administration published a fact sheet regarding its intended plans for tackling the exponential increase of shipments claiming the de minimis exemption and calls upon Congress to complement...more

Morgan Lewis

Update: White House Joins in Dialogue on De Minimis Reform

Morgan Lewis on

The Biden administration announced on September 13, 2024 its intention to use executive authority to limit the use of the de minimis exemption and encourage Congress to take comprehensive legislative action, adding to the...more

Pillsbury Winthrop Shaw Pittman LLP

USTR Calls for Stakeholder Comments Following the Report on the Four-Year Review of the Section 301 Tariffs

On May 22, USTR followed up the recommendations in its March 14 report with specific proposals for increases in Section 301 tariffs. There will be an exclusion process allowing interested parties to request temporary...more

Alston & Bird

Biden Administration to Increase Tariffs on Chinese Imports in Strategic Sectors

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The Biden Administration is increasing Section 301 tariffs on a wide range of Chinese imports for “strategic sectors.” Our International Trade & Regulatory Group examines the plan....more

Fenwick & West LLP

Expanded § 301 Tariffs on Chinese Semiconductors, Solar, Batteries, and Other Strategic Sectors

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On May 14, 2024, the Office of the United States Trade Representative (USTR) announced expansions to tariffs under § 301 of the Trade Act of 1974 (§ 301) on imports from China, including tariff increases on currently covered...more

WilmerHale

USTR Issues Federal Register Notice on New Section 301 Tariffs on Chinese Products and Machinery Exclusion Process

WilmerHale on

On May 22, the Office of the US Trade Representative (USTR) issued a Federal Register notice that provides additional information on the new or increased tariffs on select Chinese-origin products that USTR previously...more

Orrick, Herrington & Sutcliffe LLP

Frenetic Activity Regarding Solar Energy Equipment Import Duties

With a flurry of recent activity, the U.S. government is administering or considering import duties and quotas on imports of solar energy equipment in three areas: The solar module tariff-rate quota under the “Section 201”...more

Foley Hoag LLP

Biden Administration to Increase Tariffs on Chinese Goods Including Those Related to the Clean Energy Sector

Foley Hoag LLP on

On May 14, 2024, President Biden announced that he is directing his Trade Representative to increase tariffs under Section 301 of the Trade Act of 1974 on a wide range of Chinese goods, which will significantly impact U.S....more

Pillsbury - Global Trade & Sanctions Law

USTR Issues Long Awaited Report on the 4-Year Review of the Section 301 Tariffs

On May 14, 2024, the U.S. Trade Representative (“USTR”) published the Four-Year Review of Actions Taken in the Section 301 Investigation (“Report”), which addresses the four-year review of China-related tariffs under Section...more

Holland & Knight LLP

Biden Administration Announces Completion of China Section 301 Review and New Tariffs

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The Biden Administration announced on May 14, 2024, the completion of its review of China's trade practices under Section 301 of the Trade Act of 1974. The White House announcement maintains current tariffs on Chinese imports...more

King & Spalding

USTR Releases the Results Of Its Four-Year Review Of China Section 301 Tariffs

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The existing Section 301 duties will continue, with tariff increases on $18 billion of Chinese imports in strategic sectors (to be implemented by forthcoming regulations following a notice and comment process) - On May 14,...more

Torres Trade Law, PLLC

U.S. Trade Representative Initiates Section 301 Investigation of China’s Attempts to Dominate Maritime Industries

Torres Trade Law, PLLC on

On April 17, 2024, the United States Trade Representative (“USTR”) initiated an investigation pursuant to Section 301 of the Trade Act of 1974 (“Section 301”) regarding China’s acts, policies, and practices to dominate the...more

ArentFox Schiff

All Hands on Deck: USTR Initiates Section 301 Investigation into China’s Practices on Maritime, Logistics, and Shipbuilding Sector

ArentFox Schiff on

On April 22, the Office of the US Trade Representative (USTR) published a Federal Register notice announcing initiation of an investigation into China with respect to its practices in the maritime, logistics, and shipbuilding...more

Husch Blackwell LLP

Petition Summary: Section 201 Global Safeguard Investigation on Fine Denier Polyester Staple Fiber

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On February 28, 2024, Fiber Industries LLC d/b/a Darling Fibers, Nan Ya Plastics Corporation, America, and Sun Fiber LLC (“Petitioners”) filed a Petition for Global Safeguard Relief Pursuant to Sections 201-202 of the Trade...more

Husch Blackwell LLP

Section 301 Exclusion Update

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On December 26, 2023, the United States Trade Representative (“USTR”) announced that it will further extend 352 reinstated exclusions and 77 COVID-related exclusions to duties imposed on goods from China pursuant to Section...more

White & Case LLP

Federal Circuit Upholds President's Expansion of Solar Safeguard Duties

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On November 13, 2023, the US Court of Appeals for the Federal Circuit (CAFC) issued its opinion in Solar Energy Indus. Ass'n v. United States. The decision has retroactive implications for the exclusion currently extended to...more

Husch Blackwell LLP

USTR Extends Reinstated Section 301 Exclusions And COVID-Related Section 301 Exclusions

Husch Blackwell LLP on

On September 6, 2023, the United States Trade Representative (“USTR”) announced that it will extend 352 reinstated exclusions and 77 COVID-related exclusions to duties imposed on goods from China pursuant to Section 301 of...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - June 2023 - Another China Competition Bill: The Future of Section 301 Exclusions

The Trade Act of 1974 grants the President broad powers to manage trade relationships with foreign countries. Section 301 of the act allows the President, acting through the United States Trade Representative (“USTR”), to...more

Wiley Rein LLP

U.S. Court of International Trade Upholds Section 301 Duties on China

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In a highly significant decision on March 17, 2023, a three-judge panel of the U.S. Court of International Trade (CIT) issued an opinion upholding the U.S. Trade Representative’s (USTR) imposition in 2018 and 2019 of a third...more

Holland & Knight LLP

USTR Continues 4-Year Review of Actions Taken Against China Under Section 301

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The U.S. Trade Representative (USTR) is accepting public comments through Jan. 17, 2023, on its four-year review of actions taken in the Section 301 investigation against China. Responses can be submitted through the USTR...more

McDermott Will & Emery

Calling All US IP Owners: Submit Your Comments on IP-Lax States

The Office of the US Trade Representative (USTR) seeks public commentary regarding countries that deny adequate and effective protection of intellectual property rights, or deny fair and equitable market access to US persons...more

Torres Trade Law, PLLC

USTR Accepting Comments on China Section 301 Tariffs Beginning November 15th

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The Office of the United States Trade Representative (“USTR”) is conducting a review of the China Section 301 tariffs that were put into place in 2018 under the Trump administration. The USTR is required to review its tariffs...more

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