Tariff Actions Resource Page
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The Court of International Trade has granted a temporary restraining order preventing U.S. Customs and Border Protection from requiring a higher entry bond for a company’s allegedly counterfeit imports. The court said this bond requirement is overly broad and that the TRO is necessary to prevent irreparable harm to the plaintiff.
President Trump has raised the prospect of increasing tariffs on additional $100 billion worth of imports from China in an escalating trade dispute. However, he also held open the possibility the two sides could work out an agreement to avoid the tariffs.
OFAC states that all assets subject to U.S. jurisdiction of the designated individuals and entities, and of any other entities blocked by operation of law as a result of their ownership by a sanctioned party, are frozen and that U.S. persons are generally prohibited from dealings with them. Additionally, non-U.S. persons could face sanctions for knowingly facilitating significant transactions for or on behalf of the blocked individuals or entities.
China has announced plans to impose an additional 25 percent tariff on 106 products imported from the U.S. in retaliation for the Trump administration’s proposal to raise tariffs on 1,300 Chinese goods by the same amount. Neither the U.S. nor China has yet specified a date on which the tariffs might take effect.
The Trump administration has announced a list of approximately 1,300 goods from China on which an additional 25 percent import duty could be imposed. These tariffs are part of the U.S. response to a Section 301 investigation concluding that China is coercing U.S. companies into transferring their technology and intellectual property to Chinese enterprises. Affected companies now have a limited time to submit comments on the list and prepare for the impact of the new tariffs.
Effective April 2, China has increased tariffs on 128 goods imported from the U.S. in response to the additional tariffs Washington imposed on steel and aluminum as of March 23. China sees the U.S. duties as safeguard measures, despite the fact that they were nominally imposed for national security reasons, and believes they are inconsistent with the WTO Safeguards Agreement.
USTR has issued its annual National Trade Estimate report, which describes significant foreign barriers to U.S. exports of goods and services, foreign direct investment, and intellectual property rights protection as well as the actions being taken to address those barriers.
A Canada-based company has agreed to pay a $950,000 penalty to settle charges that it violated the Foreign Corrupt Practices Act in connection with its repeated failure to implement adequate accounting controls of two African subsidiaries. The company has also agreed to a cease and desist order and will report on its remedial steps for one year.
The U.S. has secured a number of changes to its free trade agreement with Korea, some of which were reported previously. The Office of the U.S. Trade Representative asserts that these changes will reduce the U.S. trade deficit with Korea, which has increased 70 percent since the KORUS agreement took effect in 2012. USTR notes that once the amendments are completed they will undergo domestic review procedures in both countries, which in the U.S. will include a 60-day consultation period with Congress on any required modifications to the tariff schedule.
U.S. Customs and Border Protection has updated its interim guidance on filing drawback claims under the Trade Facilitation and Trade Enforcement Act. Click here for ST&R’s summary of the initial guidance.
The U.S. and South Korea have reached an agreement in principle on modifications to be made to their bilateral free trade agreement. The two sides also announced that Korea will be exempt from the 25 percent additional tariff the U.S. began imposing on imported steel products March 23. No similar agreement appears to have been concluded with respect to the U.S.’ additional 10 percent tariff on aluminum.
President Trump has temporarily suspended additional tariffs on steel and aluminum products with respect to imports from the 28 member countries of the European Union as well as Argentina, Australia, Brazil, Canada, Mexico, and South Korea. As a result, the tariffs of 25 percent and 10 percent, respectively, took effect at 12:01 a.m. March 23 with respect to shipments from all countries but those listed above. U.S. Customs and Border Protection notes that tariffs will be based on the country of origin and not the country of export.
President Trump submitted to Congress this week a request for a three-year extension of trade promotion authority, which allows the president to negotiate trade agreements that Congress must approve or reject within a specific timeframe but may not amend. Trump said an extension is “essential” to his ongoing efforts to revise NAFTA and to potentially negotiate new trade agreements with other countries, “including in Africa and Southeast Asia.”
Following its controversial decision that the use of certain screws should be considered in determining their classification even though the two subheadings at issue are both eo nomine provisions, the Court of Appeals for the Federal Circuit has upheld the Court of International Trade’s ruling that the screws are properly considered self-tapping screws.
Effective March 26, CBP will start mailing dunning letters 120 days from the date of a bill to outline what will happen if payment is not received or a protest is not filed within 180 days.