Trump-Xi Jinping Working Dinner at the G-20 Summit Leads to Significant Developments Involving the Section 301 Tariffs and Other Key Trade Issues Involving China

by Melissa Proctor • December 3, 2018

The Trump Administration announced a significant development in the imposition of Section 301 tariffs on more than $200 billion worth of Chinese-origin goods imported into the United States, as well as proposed new trade and the stemming of the flow of Fentanyl into the United States from China. Affected companies should continue monitoring the situation […]

BIS Seeks Public Comments on Identifying and Defining “Emerging Technologies” That Will Be Subject to Future U.S. Export Controls and Foreign Investment Restrictions

by Melissa Proctor • November 26, 2018

On November 19th, the Commerce Department’s Bureau of Industry and Security (“BIS”) published an Advanced Notice of Proposed Rulemaking soliciting public comments with respect to the so-called “emerging technologies” provisions of the recently enacted Export Control Reform Act of 2018 (“ECRA”). Section 1758 of the ECRA requires the implementation of export controls on emerging and […]

And Then There Were Three: The U.S., Mexico and Canada Agree to Sign the New USMCA

by Melissa Proctor • October 2, 2018

Canada just joined the United States and Mexico in agreeing to sign on to a modernized NAFTA, which will become known as the US-Mexico-Canada Agreement (“USMCA”). The U.S. and Mexico entered their agreement a little over a month ago, and there was a concerted push to conclude the agreement (with or without Canada) before Mexican […]

The Game of Chicken Continues – Latest Developments in the Section 301 Tariffs & China

by Melissa Proctor • September 24, 2018

[September 24, 2018] On September 24th, the third set of tariffs imposed against certain Chinese-origin goods valued at $200 billion went into effect. By way of background, the United States has imposed a series of increased tariffs under Section 301 of the Trade Act of 1974 as the result of an investigation into China’s practice […]

USTR Publishes Specific Exclusion Request Process for the List 2 Tariffs against China

by Melissa Proctor • September 19, 2018

[September 18, 2018] Earlier today, the USTR published a Notice and Request for Comments in the Federal Register with respect to the product specific exclusion request process for the Section 301 tariffs that went into effect on August 23, 2018. Interested persons may submit exclusion requests to the USTR until December 18, 2018. Per the […]

List 3 Tariffs under Section 301 Action against China Slated to Take Effect on September 24th

by Melissa Proctor • September 19, 2018

[September 18, 2018]  On September 17th, the USTR issued the final list of items that will be subject to the new set of tariffs to be imposed under the Section 301 action against China. On the same day, the President issued a statement that the new tariffs will go into effect on September 24, 2018. […]

NAFTA Is Dead – Long Live the “U.S. – Mexico Trade Agreement” in Principle?

by Melissa Proctor • August 28, 2018

Today, the Office of the U.S. Trade Representative (USTR) announced that the United States and Mexico reached a “preliminary agreement in principle,” subject to finalization and implementation, to update the North America Free Trade Agreement (NAFTA). The USTR stated that the preliminary accord contains “modern provisions representing a 21st century, high-standard agreement.” The agreement, which will […]

Amendments to the Federal Maritime Commission Regulations Governing Non-Vessel Common Carrier Negotiated Rate Arrangements and Negotiated Service Arrangements Are Now in Effect

by Melissa Proctor • August 23, 2018

As of August 22, 2018, per the final rule in FMC Docket 17-10, the Federal Maritime Commission (“FMC”) will now allow Negotiated Rate Arrangements (“NRAs”) to be amended at any time, to be accepted by booking a shipment and to contain non-rate economic terms. The final rule will also allow Negotiated Service Arrangements (“NSAs”) to […]

U.S. Commerce Department Launches Section 232 Investigation into Imports of Uranium

by Melissa Proctor • July 18, 2018

Today, the Commerce Department initiated an  investigation under Section 232 of the of the Trade Expansion Act of 1962 of imports of Uranium into the United States. Specifically, the investigation will examine whether the present quantity and circumstances of uranium ore and uranium product imports into the United States threaten to impair national security. The […]

U.S. Customs and Border Protection Provides Guidance on Applicability of Section 301 Tariffs to Imported Retail Sets

by Melissa Proctor • July 17, 2018

In response to questions on Section 301 posed by the National Customs Broker and Forwarder Association of America (“NCBFAA”), U.S. Customs and Border Protection (“CBP”) recently stated that— The Section 301 tariffs on Chinese-origin goods will not apply to articles that are imported into the United States as part of a set provided that the […]