On Monday evening June 18, the U.S. Senate adopted draft legislation in its version of the National Defense Authorization Act for Fiscal Year 2019 (the “2019 Defense Bill”) which would: (i) prevent the U.S. Department of Commerce – Bureau of Industry and Security (“BIS”) from fulfilling its agreement to suspend current export controls applicable to Zhongxing Telecommunications Equipment Corporation of Shenzen, China and ZTE Kangxun Telecommunications Ltd. of Hi-New Shenzhen, China (collectively “ZTE”), and (ii) expand existing language in the 2019 Defense Bill to prohibit all U.S. government agencies from contracting with ZTE.  The Senate approved this bill by a vote of 85-10.  After last night’s vote, it has been reported that ZTE shares have dropped more than 25%.  The U.S. House and Senate will still need to reconcile the differences in their versions of the 2019 Defense Bill before they send it to the President, but if they can do so while retaining enough votes to override a Presidential veto then BIS will be unable to remove ZTE from the Denied Persons list and ZTE will continue to be subject to export and re-export prohibitions in transactions involving U.S. origin goods, software and technology.
Continue Reading Senate Votes to Block Lifting of US Sanctions against ZTE

Shipping containersOn Friday, June 15, the Office of the U.S. Trade Representative released a proposed list of 284 products from China that may be subject to a 25% tariff. They have released a timeline for public comment on these products, which will be published in the Federal Register on June 20, at this link.
Continue Reading USTR Requests Public Comment on Tariffs on Products from China

On Monday, June 18, the President released a statement indicating that he had directed the U.S. Trade Representative to identify another $200 billion worth of Chinese goods for additional tariffs at a rate of 10%.
Continue Reading President Trump Threatens Tariffs on another $200 Billion Worth of Chinese Goods

Globe showing Asia

On Friday, June 15, 2018, President Trump announced that the US would be imposing a 25% tariff on Chinese technology imports. The tariffs were originally proposed on March 22, 2018 as a result of a Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. See our original post here.

Tariffs will be imposed on certain products starting on July 6, 2018.  Those products are listed here and consist of a subset of the products proposed on March 22. 
Continue Reading President Trump Announces Tariffs on Chinese Technology Imports

As a result of the Steel and Aluminum tariffs announced by President Trump in March 2018, and amended with proclamations issued on May 1, 2018, and June 1, 2018, several trading partners have decided that reciprocal and retaliatory tariffs on U.S. products are appropriate.  To date, the following countries have decided to retaliate – Canada, China, the European Union, India, and Mexico. See the comprehensive list of retaliatory tariffs here.


Continue Reading Comprehensive List of Retaliatory Tariffs

Commerce Secretary Wilbur Ross announced on Thursday, May 31st that a 25 percent tariff on steel and a 10 percent tariff on aluminum will go into effect at midnight on May 31 on imports from Canada, Mexico, and the European Union. Those countries had previously been granted temporary exemptions from the initial tariffs announced in March as a result of investigations under Section 232 of the Trade Expansion Act of 1962. According to Secretary Ross, while discussions with the European Union were ongoing, the progress did not warrant another temporary exemption. Additionally, this announcement comes in the middle of the North American Free Trade Agreement (“NAFTA”) re-negotiations with Canada and Mexico. Ross stated that those talks have taken longer than expected and there is no precise end date in sight.
Continue Reading Tariffs to Be Imposed on Imported Steel and Aluminum from the EU, Canada, and Mexico

Globe showing AsiaThe 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

globe AsiaThe Chinese Ministry of Commerce announced on Sunday that it would be imposing duties on 128 different U.S. products beginning today, April 2. They provided the list of products last week, particularly targeting U.S. agriculture. The tariffs are on an estimated $3 billion worth of goods.

There will be a tariff of 15% on commodities such as fruits and nuts, wine, seamless steel pipes and modified ethanol. The 15% tariff will apply to 120 tariff lines, including the following:
Continue Reading China Announces New Retaliatory Tariffs on U.S. Goods

Stainless steel factoryThe Office of the U.S. Trade Representative (USTR) announced that it had reached an agreement with South Korea to provide the country with a long term exemption from the 25 percent tariff on steel products imposed by the President under Section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862). Instead,

North America MapOn March 23, 2018, the President signed into law the “Consolidated Appropriations Act, 2018” which, in addition to authorizing certain full-year federal appropriations, also included the renewal for the Generalized System of Preferences through December 31, 2020. The Generalized System of Preferences (commonly referred to as GSP) allows duty-free entry for over 5,000 goods from a wide range of designated beneficiary countries. The program was authorized by the Trade Act of 1974 to promote economic growth in developing countries and was implemented on January 1, 1976.

Continue Reading Congress Renews Generalized System of Preferences (GSP) with Retroactive Effect