Husch Blackwell announces its November Trade Law Newsletter on key issues and announcements related to International Trade and Supply Chain.
The Office of the United States Trade Representative (USTR) announced that it will conduct a review to determine if India, Indonesia and Kazakhstan are meeting the eligibility criteria of the Generalized System of Preferences (GSP) program. The reviews are part of the administration’s new triennial process to assess beneficiary country eligibility under the GSP program which was announced in October 2017. The first assessment covered 25 Asian and Pacific Island countries. Based on its assessment as well as petitions filed by interested parties, USTR has decided to review the eligibility of these three countries. USTR intends to publish a Federal Register notice announcing dates for comments and a hearing.
The next GSP assessment will begin in the fall of 2018 and will cover GSP beneficiary countries in Eastern Europe, the Middle East and North Africa, and the Western Hemisphere.
Husch Blackwell’s Jeffrey Neeley authored an article, “Solar Panel Tariff Creates New Uncertainty” that appeared in Law360 this week. The article discusses in depth the proclamation signed by President Trump last week. From the article:
[T]he relief announced provides that the first 2.5 gigawatts of imported cells are excluded from the additional tariffs. The use of an exemption for the first 2.5 gigawatts makes the relief a form of a “tariff rate quota,” meaning that tariffs for cells only apply if imports rise above the quota amount of 2.5 gigawatts. This type of relief has been imposed in the past, including on certain steel products.
Read the full post on Law360.
On January 22, 2018, the Office of the U.S. Trade Representative (“USTR”) announced that the Trump Administration is granting relief for the domestic solar panels and modules industry under section 201 of the Trade Act of 1974. This confirmed the fears of many consumers that there substantial additional duties would be imposed on those products. USTR announced that the relief would come in the form of a tariff increase of 30% in the first year, decreasing to 25% in year two, 20% in year three, and then to 15% in year four. On January 23, 2018, President Trump signed the Proclamation implementing the relief. The relief will go into effect on February 7, 2018. For additional information on the implications of this decision, you can read the full blog post on Husch Blackwell’s Emerging Energy Insights.
On September 26, 2017, DAK Americas LLC, Nan Ya Plastics Corporation, America, Indorama Ventures USA Inc., and M&G Polymers USA, LLC filed a petition for the imposition of antidumping duties on imports of Polyethylene Terephthalate (“PET”) Resin from Brazil, Indonesia, Korea, Pakistan, and Taiwan.
On March 31, 2017, President Trump signed two Executive Orders (EO) aimed at the enforcement of the collection of antidumping and countervailing duties for unfair trade practices and at the evaluation of significant trade deficits with U.S. trading partners. These EOs are a clear indication that trade, as promised throughout the campaign, will continue to be a top priority of the Trump presidency.
On March 23, 2017, Petitioners the National Biodiesel Board Fair Trade Coalition and its individual members filed a petition for the imposition of antidumping duties and countervailing duties on imports of Biodiesel from Argentina and Indonesia.
SCOPE OF THE INVESTIGATION
The product covered by these petitions is biodiesel, which is a fuel comprised of mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats, including waste oils or greases, and other biologically-based oil or fat sources. The petitions cover biodiesel in pure form (“B100”) as well as fuel mixtures containing at least 99 percent biodiesel by volume (“B99”). For fuel mixtures containing less than 99 percent biodiesel by volume, only the biodiesel component of the mixture is covered by the scope of the petitions.
On December 28, 2014 AirAsia Flight 8501, flown by an Airbus A320, took off from Surabaya, Indonesia bound for Singapore. Shortly after reaching its cruising altitude of 32,000 feet it plunged into the Java Sea, killing all 162 on board. The accident report released by Indonesia’s National Transportation Safety Committee concludes that the crew stalled the aircraft and failed to recover after inadvertently disabling the autopilot and flight control system while attempting to resolve a problem.