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USTR Concludes its Section 301 “Necessity Review” and Increases Tariffs in Key Sectors

Key Points - Last Tuesday, USTR announced the results of its Section 301 “necessity review.” Today, USTR followed up with a Federal Register notice providing details on the further proposed modifications to the Section 301...more

Clean Vehicle Tax Credit – Foreign Entity of Concern Rules Proposed

On December 1, 2023, the Department of the Treasury and the Internal Revenue Service (IRS) issued proposed regulations (REG-118492-23) with additional guidance on the excluded entities provision in the section 30D clean...more

200% Tariff Imposed on Russia Aluminum; CBP Releases Extensive New Reporting Requirements for Covered Aluminum and Derivative...

Key Points - On February 24, the one-year anniversary of Russia’s invasion of Ukraine, President Joe Biden announced, via Presidential Proclamation 10522, an additional 200% ad valorem tariff on Russian origin aluminum...more

USTR Releases Section 301 China Tariff Necessity Review Comment Form

On November 1, USTR released a comment form prescribing the submission format for public comments in the “necessity review” process for the Section 301 China tariffs. USTR first announced the public comment phase of the...more

Implementation Issues Arise Following Mexico’s Customs Agency Reorganization Under Military Authority

Key Points - On January 1, 2022, Mexico eliminated its General Customs Administration (AGA, by its initials in Spanish), which had operated under the authority of Mexico’s central Tax Administration Service. In its place,...more

International Trade and Customs Alert: New UFLPA Compliance Guidance: An Overview for US Importers and Supply Chain Partners

Key Points - On June 21, 2022, CBP began enforcing the UFLPA’s revisions to section 307 of the Tariff Act of 1930—19 U.SC. § 1307—by applying a rebuttable presumption that the following goods are prohibited from...more

U.S. and Multilateral Russia-related Trade Policy and Import Restrictions

Key Points - The United States and its allies are banning imports or increasing tariffs on Russia’s top products—crude oil, petroleum, petroleum fuels, oils, liquefied natural gas, coal, fish, seafood, alcohol,...more

The Uyghur Forced Labor Prevention Act: What U.S. Companies with China-Based Supply Chains Should Know

Key Points - On December 23, 2021, President Biden signed the UFLPA into law after it unanimously passed both chambers of Congress. The UFLPA aims to strengthen the forced labor statute by prohibiting the importation and...more

Section 232 National Security Investigation on NdFeB Permanent Magnets Initiated by Commerce

Key Points - The Department of Commerce initiated a Section 232 national security investigation into NdFeB permanent magnets, which are used in fighter aircraft, missile guidance systems, electric vehicles, wind...more

Court of International Trade Issues Preliminary Injunction in Unprecedented Section 301 Litigation

Yesterday, in the unprecedented “In re Section 301 Cases” litigation, the U.S. Court of International Trade (CIT) entered a preliminary injunction that suspends the liquidation of plaintiffs’ unliquidated entries from China...more

As Offshore Wind Energy Projects Expand, So Too Does the Reach of the Jones Act

Key Points - CBP recently ruled that the Jones Act applies to the transportation of merchandise from a U.S. port to locations on the OCS used for developing and producing wind energy, following Congressional amendments to...more

Commerce Introduces General Approved Exclusions (GAEs) and Other Changes to the Section 232 Exclusions Process

Key Points - On December 14, 2020, Commerce promulgated a fourth interim final rule to revise certain aspects of the Section 232 steel and aluminum exclusions process. - One notable change is the creation of GAEs,...more

CBP Issues Region-Wide Ban on Xinjiang Cotton and Tomato Products

CBP has issued a “region-wide” WRO on cotton and tomato products “grown or produced” by entities “operating in” the XUAR. In a press release, CBP states that the order covers “apparel, textiles, tomato seeds, canned tomatoes,...more

232 Tariffs on Certain Imports of Aluminum from Canada

- In Presidential Proclamation 10060, announced on August 6, 2020, President Trump reinstated a 10 percent ad valorem tariff on imports of non-alloyed unwrought aluminum from Canada under the Section 232 of the Trade...more

FEMA Extends Temporary Final Rule Restricting Certain Exports of PPE

- On August 10, 2020, FEMA extended the duration of its restrictions on the export of certain shipments of PPE through December 31, 2020. - The August 10 notice narrowed the types of PPE covered by the restrictions to...more

U.S. Agencies Issue Business Advisory Warning of Xinjiang-Related Supply Chain Exposure and OFAC Imposes Blocking Sanctions on...

- On July 1, the Departments of Commerce, Homeland Security, State, and the Treasury issued a joint advisory on the “Risks and Considerations for Businesses with Supply Chain Exposure to Entities Engaged in Forced Labor and...more

Executive Order and CBP Rule Authorize 90-Day Duty Deferral for Certain Imports

- On April 18, 2020, President Trump issued an Executive Order authorizing temporary deferral of certain duty payments, which CBP implemented via a Temporary Final Rule on April 20, 2020 - Importers of record who have...more

FEMA Issues New Exemptions to Temporary Rule Authorizing CBP to Detain Certain Exports of Health and Medical Materials

- Effective April 17, 2020, FEMA expanded exemptions to its April 7, 2020, Temporary Rule that implemented export restrictions on certain shipments of personal protective equipment. - FEMA issued the Temporary Rule to...more

CBP Authorized to Detain Certain Exports of Health and Medical Materials Pursuant to FEMA Temporary Rule

- Beginning April 7, 2020, CBP is authorized to temporarily detain all shipments of five categories of personal protective equipment used in the response to and treatment of COVID-19, pursuant to a Temporary Rule issued by...more

USTR Requests Comments on Section 301 Tariffs on COVID-19 Related Products

- Late on Friday, March 20, 2020, USTR announced that it has opened a new public comment period for businesses and government agencies to request additional product exclusions from Section 301 duties for certain...more

Forced Labor: Government and Industry Groups Intensify Focus on Xinjiang

- Recent actions by the U.S. government and NGOs have intensified international focus on labor conditions in China’s Xinjiang Uyghur Autonomous Region (XUAR) and companies that allegedly source materials and labor from the...more

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