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Insight on Last 6 Months of Biden/Congress on Trade

A lot has happened in the first 6 months of the Biden administration. Notable developments include (at least temporary) resolutions in the large civil aircraft and digital service tax disputes, consensus around a global minimum corporate tax of 15%, lawsuits pertaining to Section 232, increased export controls enforcement, shifting U.S. policy stances on Cuba, and more. However, the most important developments pertain to the ongoing U.S.-China trade war. The U.S. and China are engaged in ongoing negotiations while tensions have risen, a lawsuit challenging Trump’s imposition of 301 tariffs are underway, and a massive U.S. competitiveness bill is being considered in Congress that could bring back broad China tariff exclusions. Join us for a jam-packed hour where we discuss everything that has happened in the world of U.S. trade policy over the past 6 months, and provide insight into how Biden’s trade policies affect industry.

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By |2021-07-22T09:11:38-04:00July 21, 2021|Canada, China, China Trade War, Countries, COVID-19, Cuba, Customs Expert, Enforcement, Export, Forced Labor, Import, International Business, International Law, International Trade, IRAN, Mexico, Seizures, Special 301, Supply Chain, Trade Policy, U.S. Customs and Border Protection (CBP), U.S. Trade Representative (USTR), Uncategorized, USMCA|0 Comments
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Between a Rock and a Hard Place – Conflicting U.S. & EU Sanctions Policies Towards Iran

Co-Authored by Sharath Patil

Background on U.S. Sanctions Programs

The U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) administers a number of different sanctions programs. The purpose of U.S. sanctions programs is to advance U.S. foreign policy objectives and protect national security. Currently, OFAC administers 35 sanctions programs. These sanctions programs vary widely – some are comprehensive while others are highly selective.

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By |2021-07-22T11:13:02-04:00June 15, 2021|Export, International Trade, IRAN, Trade Policy, U.S. Office of Foreign Assets Control (OFAC)|0 Comments
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Potential Relief from China Tariffs Coming

Co-Authored by Sharath Patil

Background on Section 301 Tariffs

A key element of the U.S.-China trade war, initiated under the Trump administration and continuing through Biden’s first term, was the imposition of China tariffs under Section 301. Section 301 is a mechanism via which the President can retaliate against foreign countries that violate U.S. trade agreements or engage in acts that are “unjustifiable” or “unreasonable” and burden U.S. commerce. With regard to China, the U.S. Trade Representative (“USTR”) found that China’s acts, policies, and practices related to intellectual property and innovation are unreasonable or discriminatory and burden or restrict U.S. commerce. Accordingly, a broad set of tariffs were instituted. Section 301 tariffs for goods originating from China have been so expansive that U.S. Customs revenue has nearly doubled from $41.6 billion in FY 2018 to $71.9 billion in FY 2019 and $74.4 billion in FY 2020.

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By |2021-07-22T11:23:16-04:00June 7, 2021|301 INVESTIGATIONS, ACE, China, China Trade War, Customs Expert, Import, International Trade, Trade Policy, U.S. Customs and Border Protection (CBP), U.S. Trade Representative (USTR)|0 Comments
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301 Exclusion Extensions for COVID-19 Related Products

On March 10, 2021, via Federal Register Notice ( 86 FR 13785), the United States Trade Representative (USTR) announced that 99 medical product exclusions will be extended from March 31, 2021, to September 30, 2021. This action extends a previous USTR action which extended these exclusions from December 31, 2020, to March 31, 2020 (85 FR 85831). […]

By |2021-07-23T16:43:57-04:00April 13, 2021|301 INVESTIGATIONS, Best Practices, China, China Trade War, COVID-19, Customs Expert, Enforcement, HTS, Import, International Business, International Trade, Special 301, Trade Policy, U.S. Customs and Border Protection (CBP), U.S. Trade Representative (USTR)|0 Comments
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Proposed 25% Tariffs on Section 301 Digital Service Taxes – Comment Now

Digital economy and society in the EU

Background on Section 301 Digital Service Taxes

In 2020, the United States Trade Representative (“USTR”) initiated Section 301 investigations with respect to certain Digital Service Taxes (“DSTs”) being adopted or under consideration by a number of countries. DSTs are taxes on revenues that certain companies generate from providing certain digital services to users in those jurisdictions. According to USTR, available evidence suggests that DSTs are expected to target large, U.S.-based technology companies.

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By |2021-07-23T16:50:17-04:00April 1, 2021|301 INVESTIGATIONS, Enforcement, Import, International Trade, Investigation, Trade Policy, U.S. Trade Representative (USTR)|0 Comments
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Biden Administration Commits to Modernizing Regulatory Review

Co-Authored by Sharath Patil

Background on Regulatory Review

U.S. federal laws come from a wide array of sources. They are generally organized under the following order of authority:  1) the U.S. constitution, 2) statutes passed by Congress, 3) treaties ratified by Congress, 4) case law, 5) executive orders, 6) regulations, and 7) agency guidance. After Congress has provided a federal agency with a policy mandate, an agency is empowered to promulgate regulations to provide detailed and binding rules on those matters.

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By |2021-04-09T13:06:21-04:00February 9, 2021|COVID-19, Export, Import, International Trade, Trade Policy, U.S. Customs and Border Protection (CBP), U.S. Department of State (DOS), U.S. Food and Drug Administration (FDA)|0 Comments
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