The U.S. Trade Representative will impose additional Section 301 tariffs on goods from the European Union as part of the ongoing World Trade Organization dispute over Airbus subsidies, USTR said in an emailed news release Dec. 30. Products subject to the additional tariffs include “aircraft manufacturing parts from France and Germany, certain non-sparkling wine from France and Germany, and certain cognac and other grape brandies from France and Germany,” USTR said. The release didn't say when the changes would take effect.

The increased tariffs come in retaliation for the EU’s decision to use “distorted” trade data from after COVID-19 hit the global economy as the basis for its $4 billion in tariff retaliation as part of a related WTO dispute over Boeing subsidies. That meant the EU imposed tariffs “on substantially more products than would have been covered if it had utilized a normal period.”

The increase is necessary “to keep the two actions proportionate to each other,” USTR said. Rather than relying on calendar year 2019 data, as it did to calculate its retaliation in the Airbus case, USTR will now base the tariffs on the same period used by the EU. USTR said it is adjusting product coverage than “less than the full amount that would be justified,” but warned that the EU must also adjust its Boeing tariffs to account for the timing of United Kingdom’s exit from the trading bloc.

The Office of the U.S. Trade Representative will extend exclusions on goods used to treat COVID-19 from the Section 301 tariffs on goods from China, it said in a notice posted on the agency's website. "In light of the rising spread and ongoing efforts to combat COVID-19, the U.S. Trade Representative has determined that maintaining or re-imposing additional duties on certain products subject to the action no longer is appropriate and that the application of additional duties to these products could impact U.S. preparedness to address COVID-19," it said.

USTR said it also added some additional products to the list of goods covered by the exclusions. The extended exclusions will apply through March 31. The new exclusions will be in effect as of Jan. 1 and expire March 31.

Technical fixes for USMCA, including the restoration of merchandise processing fee refunds for post-entry filings, are part of the end-of-year legislative package expected to pass later today, a Senate Finance Committee spokesman said.

In that same fixes package, tariff treatment for goods manufactured in foreign-trade zones will return to the way it was handled under NAFTA. The FTZs lobbied fiercely to be able to use USMCA rule of origin to avoid tariffs on imported inputs. Applicable tariffs will be due on the goods that exited those zones since July 1.

The Miscellaneous Tariff Bill and Generalized System of Preferences benefits program renewals did not make it into the legislative package, so those programs will expire at the end of the day on Dec. 31.

Following reports that President-Elect Joe Biden will be nominating House Ways and Means Chief Trade Counsel Katherine Tai for U.S. Trade Representative, Trade Subcommittee Chairman Earl Blumenauer hailed the decision.“This is a fantastic pick from President-elect Biden. Katherine Tai has played an invaluable role leading the Ways and Means staff while working with members and outside groups on the renegotiated NAFTA and other critical trade issues," said Blumenauer. "She’s knowledgeable, patient, creative, and will be the first woman of color to hold this important job."

CBP issued a withhold release order on all cotton products made by the Xinjiang Production and Construction Corps (XPCC), acting CBP Commissioner Mark Morgan said in a Dec. 2 call with reporters. "The WRO applies to all cotton and cotton products produced by the XPCC and its subordinate and affiliated entities as well as any products that are made in whole or in part with or derived from that cotton, such as apparel, garments, and textiles," said CBP in a news release.

The government is still considering a “regional” WRO for the Xinjiang region in China, though the XPCC order has a much broader reach than previous WROs that apply to individual companies, Morgan said.

XPCC is said to produce 7% or more of the world's cotton. "We fully recognize this imposes some challenges," but "industry has been on notice for more than a year," said Department of Homeland Security acting Deputy Secretary Ken Cuccinelli.

A set of changes to the Generalized System of Preferences will take effect Nov. 1 under a Presidential Proclamation issued on Oct. 30. Changes in the proclamation include the addition of fresh-cut roses to and removal of parboiled rice from the list of goods that are eligible for GSP, the U.S. Trade Representative said in a news release. The changes were reflected in an update to the Harmonized Tariff Schedule posted by the International Trade Commission. The proclamation also suspends GSP benefits for certain products of Thailand, effect Dec. 30. That is because of Thailand's "lack of sufficient progress providing the United States with equitable and reasonable market access for pork products," said the USTR.

The International Trade Commission updated the tariff schedule late Oct. 26 to restore an exemption for bifacial panels from safeguard duties on crystaline solar photovoltaic cells pursuant an order from the Court of International Trade. The exemption had been eliminated under an Oct. 10 presidential proclamation, but the CIT issued a temporary restraining order Oct. 24 that blocked the proclamation from taking effect. The court order specifically ordered the government to make no changes to the tariff schedule that would end the bifacial panel exemption.

Over 150 exclusions from lists 1 and 2 of Section 301 China tariffs are set to end Oct. 2, after the Office of the U.S. Trade Representative did not include them in two recently released notices of exclusion extensions. In its notice on List 1 exclusions, USTR granted extensions to nine out of the 96 exclusions listed in U.S. Note 20(x) and filed under tariff schedule subheading 9903.88.19. USTR's notice on List 2 exclusions announced extensions to 28 out of the 113 currently listed in U.S. Note 20(y) and filed under subheading 9903.88.20.

The exclusions that weren't extended expire Oct. 2. The extended exclusions now expire Dec. 31.

The Caribbean Basin Trade Partnership Act, a preferences program that includes special provisions for textile and apparel imports, is scheduled for a vote in the House later this week. The program is set to expire Sept. 30.

The CBTPA is not on the first list of suspension bills that will get a vote Sept. 22 but is the first on the list of suspension bills that follow for the rest of the week. Suspension bills go straight to vote, without debate, as they are considered noncontroversial. The Senate still needs to approve the renewal.

Over 300 exclusions from Lists 1 and 2 of Section 301 China tariffs are set to end Sept. 20, after the Office of the U.S. Trade Representative did not include them in two notices of exclusion extensions released Sept. 17. In its notice on List 1 exclusions, USTR granted extensions to 62 out of the 310 exclusions listed in U.S. Note 20(q) and filed under tariff schedule subheading 9903.88.14. USTR's notice on List 2 exclusions announced extensions to 17 out of the 86 currently listed in U.S. Note 20(v) and filed under subheading 9903.88.17.

The exclusions that weren't extended expire Sept. 20. The extended exclusions now expire Dec. 31.

The day before Canadian countermeasures were to begin in response to 10% tariffs on Canadian non-alloyed, unwrought aluminum, the Office of the U.S. Trade Representative announced it will end the Section 232 tariffs, retroactive to Sept. 1. The 10% tariff on the subsection of aluminum imports went into effect Aug. 16.

However, the USTR left open the possibility that the tariffs could return, depending on monthly import levels. “If imports exceed 105 percent of the expected volume in any month the United States may re-impose the 10 percent tariff going forward,” USTR said. The agency said the arrangement was arrived at after consultations with Canadian officials, and that consultations will happen again at the end of the year.

Four companies and an “training center” in the Xinjiang region of China will be subject to withhold release orders, CBP said Sept. 14. Despite some expectations otherwise, the new WROs don't apply to Xinjiang Production and Construction Corps, which would have amounted to a more “regional” approach by the agency. CBP is still looking at broader restrictions on cotton, textile and tomato products from the region under a WRO, but is undertaking further “legal analysis” on the issue, Acting Deputy Secretary of Homeland Security Kenneth Cuccinelli said during a call with reporters.

Four of the detention orders, issued because of evidence of the use of forced labor on imports, apply to cotton, hair products and computer parts from specific companies in China. The fifth applies to all products made with labor from the Lop County No. 4 Vocational Skills Education and Training Center. Acting CBP Commissioner Mark Morgan said during the call that these forced labor actions won't be the last that CBP takes.

CBP is apparently working on a regulatory change that would eliminate the $800 de minimis exemption for goods subject to Section 301 tariffs. The agency on Sept. 2 submitted to the Office of Management and Budget a proposed rule titled, “Excepting Merchandise Subject to Section 301 Duties from the Customs De Minimis Exemption,” according to OMB’s Office of Information and Regulatory Affairs website. OMB’s reviews are the final step before publication of a rule, and include an interagency review. CBP did not immediately comment.

Over half of all exclusions from list four Section 301 China tariffs are now set to expire Sept. 1, after the Office of the U.S. Trade Representative did not include them in a notice of extensions released the day before their slated expiration. In the notice, USTR granted extensions until Dec. 31 to only 87 of the over 200 list four exclusions published to date. That leaves over 100 exclusions to expire on schedule.

The change in marking requirements for products from Hong Kong doesn't subject the goods to tariffs meant for goods from China, CBP confirmed in list of frequently asked questions posted to the agency's website Aug. 12.

“The change in marking requirements does not affect country of origin determinations for purposes of assessing ordinary duties under Chapters 1-97 of the [Harmonized Tariff Schedule of the U.S.] or temporary or additional duties under Chapter 99 of the HTSUS,” CBP said. “Therefore, goods that are products of Hong Kong should continue to report International Organization for Standardization (ISO) country code 'HK' as the country of origin when required.”

The Office of the U.S. Trade Representative released an updated list of goods from the European Union to be subject to Section 301 tariffs as part of the dispute settlement at the World Trade Organization over Airbus subsidies. The changes will take effect on Sept. 1, it said.

“USTR is removing from the tariff list certain products from Greece and the United Kingdom and adding an equivalent amount of trade from France and Germany,” the agency said. “The changes are modest; the amount of products subject to countermeasures will remain unchanged at $7.5 billion and the tariff rates will remain unchanged at 15% for aircraft and 25% for all other products.”

Goods produced in Hong Kong will need to be marked as a product of China starting Sept. 25, CBP said in a notice. The marking changes are the result of the July 14 Executive Order that ended Hong Kong's special trade status.

The agency is allowing for a 45-day transition period to implement the requirements due to the "commercial realities," it said. The notice doesn't say how the changes affect tariff treatment of Hong Kong goods, but an administration official said last month that the EO doesn't "provide for new U.S. tariffs on goods from Hong Kong.”

The Office of the U.S. Trade Representative issued a new set of product exclusions from the fourth group of Section 301 tariffs on goods from China. The new exclusions from the tariffs include "one existing ten-digit HTSUS subheading and 9 specially prepared product descriptions, which together respond to 25 separate exclusion requests," according to the notice. The product exclusions apply retroactively to Sept. 1, 2019, the date the fourth set of tariffs took effect. The exclusions will be in effect until Sept. 1, 2020.

President Donald Trump on Aug. 6 said he signed a proclamation earlier in the day that will be reimposing 10% tariffs on Canadian aluminum. "Canada was taking advantage of us, as usual," he said. "The aluminum industry was being decimated by Canada." He said Canada has been flooding the U.S. with imports, and the U.S. Trade Representative told him that the return of the 10% tariff was "absolutely necessary" to preserve the U.S. aluminum industry. He was speaking at a Whirlpool plant in Clyde, Ohio.

Most exclusions from list three Section 301 China tariffs are now set to expire Aug. 7, after the Office of the U.S. Trade Representative declined to include them in a notice of extensions released the day before their slated expiration. In the notice, USTR granted extensions until Dec. 31 to only 266 of the nearly 1,000 list three exclusions published to date. That leaves over 700 exclusions to expire on schedule.

A recent executive order ending Hong Kong's special trade status won't result in additional tariffs on goods from Hong Kong, a senior administration official said in a July 23 email. "The July 14, 2020, Executive Order on Hong Kong Normalization does not provide for new U.S. tariffs on goods from Hong Kong," the official said. "The Administration will continue to evaluate and adjust our policies as conditions warrant."

The Office of the U.S. Trade Representative issued another set of product exclusions from the fourth group of Section 301 tariffs on goods from China. The new exclusions from the tariffs include "11 existing ten-digit HTSUS subheadings and 53 specially prepared product descriptions, which together respond to 242 separate exclusion requests," according to the notice. The product exclusions apply retroactively to Sept. 1, 2019, the date the fourth set of tariffs took effect. The exclusions will be in effect until Sept. 1.

President Donald Trump's 2018 proclamation increasing the Section 232 tariffs on steel from Turkey violated "the animating statute and constitutional guarantees," a three-judge Court of International Trade panel said in a July 14 decision. The judges found that the proclamation fell outside the required time limits for making changes and Trump "acted without a proper report and recommendation by the [Commerce] Secretary on the national security threat posed by imports of steel products from Turkey."

Transpacific Steel filed the suit in early 2019 against the increase in tariffs to 50 percent on Turkish steel. Transpacific's lawyer, Matt Nolan of Arent Fox, said the company is pleased with the decision. "We look forward to the government refunding the duties illegally exacted," he emailed. "The 232 statute is intended to be narrowly applied to remedy true national security issues. It must be applied consistent with the statute and our constitutional norms. It is not a 'blank check' for presidential discretion." The Justice Department didn't immediately comment.

French champagne and cheeses will be spared if the Trump administration retaliates for a promised Digital Services Tax in France, but makeup and handbags will be hit with a 25 percent tariff, the Office of the U.S. Trade Representative announced July 10. U.S. buyers imported $1.3 billion worth of these goods in 2019, so the tariffs would be about $325 million if similar amounts were imported in 2021. The USTR said the DST is estimated to collect about $450 million from U.S. companies for the 2020 tax year.

The announcement came on the deadline for action, but the USTR said the tariffs won't be collected until Jan. 6, 2021. If the USTR decides to move up that date, it will publish another notice.

The Office of the U.S. Trade Representative issued another set of product exclusions from the fourth group of Section 301 tariffs on goods from China. The new exclusions from the tariffs include "61 specially prepared product descriptions, which together respond to 86 separate exclusion requests," according to the notice. The product exclusions apply retroactively to Sept. 1, 2019, the date the fourth set of tariffs took effect. The exclusions will remain in effect until Sept. 1, 2020.

Some 100 exclusions from the first group of Section 301 tariffs will expire on July 9, after the Office of the U.S. Trade Representative reached a decision not to extend them, USTR said in a notice. The exclusions, found in U.S. Note 20(n) to subchapter III of Chapter 99 of the tariff schedule and entered under subheading 9903.88.11, had been created by USTR in July 2019.

Among the previously excluded products that will now be subject to Section 301 tariffs beginning July 9 are electric motors, pump parts, construction equipment and agricultural vehicles, hubs and bearings, capacitors and switches and dental x-ray equipment.

USTR also extended 12 exclusions from the set of exclusions announced in July 2019 until Dec. 31. The extended provisions are those in U.S. Note(n)(8), (17), (18), (23), (28), (77), (85), (87), (88), (97), (98), and (106). Beginning July 9, they will be found in new U.S. Note 20(eee) and enter under subheading 9903.88.52.

The Office of the U.S. Trade Representative issued another set of product exclusions from the fourth group of Section 301 tariffs on goods from China. The new exclusions from the tariffs include "two ten-digit HTSUS subheadings and 32 specially prepared product descriptions, which together respond to 55 separate exclusion requests," according to the notice. The product exclusions apply retroactively to Sept. 1, 2019, the date the fourth set of tariffs took effect. The exclusions will remain in effect until Sept. 1, 2020.

CBP released its long-awaited proposal to update customs broker regulations. Among other changes CBP proposes to "update the responsible supervision and control oversight framework, ensure that customs business is conducted within the United States, and require that the customs broker have direct communication with the importer." Broker license application fees would also be increased under the proposal.

CBP also proposed eliminating customs broker districts and expanding "national permit authority to allow national permit holders to conduct any type of customs business throughout." As part of that, CBP issued another proposal to eliminate customs broker district permitting fees.

The Office of the U.S. Representative posted the final implementing regulations of the U.S.-Mexico-Canada Agreement, covering the interpretation, application, and administration of rules of origin, textiles, and customs and trade facilitation.

The documents were released after the close of business on June 3. The USMCA will replace NAFTA on July 1.

The Office of the U.S. Trade Representative will begin Section 301 investigations into digital services taxes that were either adopted or under consideration by multiple governments, the agency said in a June 2 news release. The investigations are focused on Austria, Brazil, the Czech Republic, the European Union, India, Indonesia, Italy, Spain, Turkey, and the United Kingdom, it said.

Comments are due to the USTR by July 15. Tariffs are a possible result of Section 301 investigations.

President Donald Trump said that the administration will begin the process of revoking Hong Kong's differential treatment from China, including its more lenient "export controls on dual-use technologies, with few exceptions."

He said Hong Kong would no longer be treated as a separate customs territory. He gave no details in the May 29 press conference about how long the process would take before these changes take effect.

The Office of the U.S. Trade Representative issued another group of product exclusions from the third group of Section 301 tariffs on goods from China. The new exclusions from the tariffs include "seventeen 10-digit HTSUS subheadings, which respond to 33 separate exclusion requests, and 61 specially prepared product descriptions, which respond to 70 separate exclusion requests," according to the notice. The product exclusions apply retroactively to Sept. 24, 2018, the date the third set of tariffs took effect. The exclusions will remain in effect until Aug. 7, 2020.

The Office of the U.S. Trade Representative issued another set of product exclusions from the fourth group of Section 301 tariffs on goods from China. The new exclusions from the tariffs include "three 10-digit HTSUS subheadings and five specially prepared product descriptions, which together respond to 27 separate exclusion requests," according to the notice. The product exclusions apply retroactively to Sept. 1, 2019, the date the fourth set of tariffs took effect. The exclusions will remain in effect until Sept. 1.

USTR also issued two notices correcting previously issued exclusions. One notice makes technical corrections to exclusions from the first group of Section 301 tariffs found in U.S. Note 20(q) to subchapter III of Chapter 99 of the tariff schedule. The other makes technical corrections to exclusions from the second group of tariffs found in U.S. Notes 20(v) and 20(y). The technical corrections "are retroactive to the date the original exclusions were published and do not further extend the period for the original exclusions," USTR said.

The Office of the U.S. Trade Representative issued another group of product exclusions from the third group of Section 301 tariffs on goods from China. The new exclusions from the tariffs include "two 10-digit HTSUS subheadings, which cover 15 separate exclusion requests, and 144 specially prepared product descriptions, which cover 170 separate exclusion requests," according to the notice. The product exclusions apply retroactively to Sept. 24, 2018, the date the third set of tariffs took effect. The exclusions will remain in effect until Aug. 7, 2020.

The Federal Maritime Commission will adopt a final rule to give industry guidance on how it assesses the “reasonableness” of detention and demurrage charges, the agency said. The rule, which was proposed in September and has garnered new attention due to charges caused by COVID-19-related shipping delays, is expected to give industry clarity on how FMC will consider whether detention and demurrage policies incentivize the movement of cargo or whether they are unjustified. The rule will become effective upon its publication in the Federal Register.

Two new provisions are included in the final rule. "The first clarifies that the guidance in the rule is applicable in the context of government inspections," the FMC said. "The second clarifies that the rule does not preclude the Commission from considering additional factors, arguments, and evidence outside those specifically listed."

U.S. Trade Representative Robert Lighthizer notified Congress April 24 that the United States–Mexico–Canada Agreement will enter into force on July 1, 2020. Following that notification to Congress, the U.S. certified to Mexico and Canada that it's ready for the NAFTA replacement to take effect.

“The crisis and recovery from the Covid-19 pandemic demonstrates that now, more than ever, the United States should strive to increase manufacturing capacity and investment in North America. The USMCA’s entry into force is a landmark achievement in that effort," Lighthizer said in a press release.

The Office of the U.S. Trade Representative issued a new group of product exclusions from the third group of Section 301 tariffs on goods from China. The new exclusions from the tariffs include "one 10-digit HTSUS subheading, which covers 20 separate exclusion requests, and 107 specially prepared product descriptions, which cover 157 separate exclusion requests," according to the notice. The product exclusions apply retroactively to Sept. 24, 2018, the date the third set of tariffs took effect. The exclusions will remain in effect until Aug. 7, 2020.

CBP posted interim implementation instructions for the U.S.-Mexico-Canada Agreement to provide "guidance with respect to preferential tariff claims under the USMCA," it said. The document covers many of the USMCA provisions, including making preference claims, rules of origin for automotive goods and country of origin marking rules. "The procedures outlined in this memorandum are in place pending the issuance of the applicable regulations," CBP said.

President Donald Trump authorized the temporary extension of "deadlines, for importers suffering significant financial hardship because of COVID-19" in an April 19 Executive Order. "To qualify for this temporary postponement, an importer must demonstrate a significant financial hardship," CBP said in a prepublication version of a temporary final rule. "An eligible importer need not file additional documentation with CBP to be eligible for this relief but must maintain documentation as part of its books and records establishing that it meets the requirements for relief," it said.

CBP also outlined the delay in two CSMS messages. The delayed collection won't apply to antidumping/countervailing duties or Section 301, 232, or 201 trade remedies, CBP said in the first message. "No interest will accrue for the postponed payment of such estimated duties, taxes, and fees during this 90-day postponement period," it said. "No penalty, liquidated damages, or other sanction will be imposed for the postponed payment of the deposit of estimated duties, taxes, and fees in accordance with this temporary postponement."

CBP said in the other CSMS message that "this temporary postponement applies to formal entries of merchandise entered, or withdrawn from warehouse, for consumption (including entries for consumption from a Foreign Trade Zone) in March or April 2020," and that "CBP will not return deposits of estimated duties, taxes, and fees that have already been paid." Any adjustments to the April periodic monthly statement (PMS) to take advantage of the deferral "must be made prior to 11:59PM eastern time on Monday, April 20, 2020," CBP said.

The Trump administration won't be going forward with a broad customs duty deferral, White House economic adviser Larry Kudlow said in an April 3 interview on Bloomberg TV. After considering a limit on such deferrals to most-favored nation duties, Kudlow said the administration determined that such an action was "too complicated" and "might send the wrong signals."

CBP may still suspend some duty collections, according to a person knowledgeable of the discussions. The Wall Street Journal said in a March 27 report that duty collections would be deferred for three months, though President Donald Trump called the report "fake news."

The person said that there are multiple options being looked at and the plans are not yet finalized. One such option includes limiting the deferrals to regular duties, taxes and fees, and not trade remedies, such as the Section 301 tariffs and antidumping or countervailing duties, the person said.

The Office of the U.S. Trade Representative issued another set of product exclusions from the fourth group of Section 301 tariffs on goods from China. The new exclusions from the tariffs include "five 10-digit HTSUS subheadings and seven specially prepared product descriptions, which together cover 36 separate exclusion requests." according to the notice. The product exclusions apply retroactively to Sept. 1, 2019, the date the fourth set of tariffs took effect. The exclusions will remain in effect until Sept. 1.

CBP will no longer take requests to defer payments of customs duties, the agency said in a CSMS message. "CBP will retain the right to allow additional days for narrow circumstances, including a physical inability to file entry or payments, due to technology outages or port closures," the agency said.

CBP briefly allowed for such deferral requests due to the COVID-19 outbreak. "Although the temporary option was provided to extend payment due dates, if the money was withdrawn from the account, these funds are legally owed to CBP and a refund will not be issued," it said. "Trade users need to work with their financial institutions to ensure that future ACH debit and ACH credit payments to CBP are processed appropriately."

The Office of the U.S. Trade Representative issued another set of product exclusions from the third group of Section 301 tariffs on goods from China. The new exclusions from the tariffs include "one 10-digit HTSUS subheading, which covers one exclusion request, and 176 specially prepared product descriptions, which cover 202 separate exclusion requests." according to the notice. The product exclusions apply retroactively to Sept. 24, 2018, the date the third set of tariffs took effect. The exclusions will remain in effect until Aug. 7, 2020.

The USTR is also seeking comments on medical goods that should be exempt from the tariffs in response to the COVID-19 epidemic, it said in a notice. "Each comment specifically must identify the particular product of concern and explain precisely how the product relates to the response to the COVID-19 outbreak," the USTR said.

CBP is looking at allowing extensions for duty payments in light of the ongoing COVID-19 pandemic, The National Customs Brokers and Forwarders Association of America said in a March 19 email following an industry update call with CBP. The NCBFAA and other industry members recently suggested in a letter that CBP consider such extensions, it said. "CBP understands the major impact this could have and is currently researching to see if the plan is feasible," said the NCBFAA. "In the meantime, CBP is considering case-by-case deferrals."

Geodis said in a March 20 email that CBP was considering "granting a ninety-day extension of duty payments" and is reviewing its authorities to allow for such extensions. "As of today, lacking specific individual permissions, duty and related obligations remain in place," the company said. CBP didn't immediately comment.

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The Office of the U.S. Trade Representative issued new medical supply product exclusions from the fourth group of Section 301 tariffs on goods from China. The new exclusions from the tariffs "are reflected in 19 specially prepared product descriptions, which cover 39 separate exclusion requests," according to the notice. The product exclusions apply retroactively to Sept. 1, 2019, and will remain in effect until Sept. 1, 2020.

The USTR also issued new product exclusions from the third group of Section 301 tariffs. The new exclusions from the tariffs "are reflected in five 10-digit HTSUS subheadings, which cover 75 separate exclusion requests," according to the notice. The product exclusions, which are not all medical related, apply retroactively to Sept. 24, 2018, and will remain in effect until Aug. 7, 2020.

Canada's House of Commons approved the U.S.-Canada-Mexico Agreement -- called CUSMA in Canada -- by unanimous consent March 13, before adjourning until April 20th due to coronavirus. The Canadian Senate passed it less than an hour later. The last step of royal assent is a formality. Now, all three countries must continue to work on uniform regulations so that they can certify the treaty is ready to enter into force. Once that certification is issued, NAFTA will be replaced on the first day of the third month after the announcement.

The Office of the U.S. Trade Representative issued new medical supply product exclusions from the fourth group of Section 301 tariffs on goods from China. The new exclusions from the tariffs "are reflected in 8 10-digit HTSUS subheadings, which cover 59 separate exclusion requests," according to the notice. The product exclusions apply retroactively to Sept. 1, 2019, and will remain in effect until Sept. 1, 2020.

The Court of Appeals for the Federal Circuit on Feb. 28 ruled that Section 232 tariffs are constitutional, finding itself bound by Supreme Court precedent set in the 1970s. Just as the Court of International Trade ruled in March 2019 in a lawsuit filed by the American Institute of International Steel, the Federal Circuit said it could not overturn the Supreme Court’s 1976 ruling, which found Section 232 to be a constitutional delegation of authority. The CAFC affirmed the CIT's decision “without deciding what ruling on the constitutional challenge would be proper in the absence of” the Supreme Court precedent.

The Office of the U.S. Trade Representative issued another set of product exclusions from the third group of Section 301 tariffs on goods from China. The new exclusions from the tariffs include "one 10-digit HTSUS subheading," which covers 6 requests, and "46 specially prepared product descriptions, which cover 61 exclusion requests," according to the notice. The product exclusions apply retroactively to Sept. 24, 2018, the date the third set of tariffs took effect. The exclusions will remain in effect until Aug. 7, 2020.

The Office of the U.S. Trade Representative will increase tariffs to 15% on aircraft from the European Union and made some other changes to 25% tariffs as part of the Airbus dispute, the agency said in a news release. A USTR notice outlined the tariff changes. The aircraft tariffs will increase on March 18, while other changes take effect on March 5. Prune juice will be removed from the list, and butcher's knives from England and Germany will be added, but the other products on the list will stay the same.

The agency said it also "determined that going forward, the action may be revised as appropriate immediately upon any EU imposition of additional duties on U.S. products in connection with the Large Civil Aircraft dispute or with the EU’s WTO challenge to the alleged subsidization of U.S. large civil aircraft."

The Court of International Trade on Feb. 13 issued an injunction barring CBP from collecting new Section 232 tariffs on finished steel and aluminum products form a single importer, PrimeSource. The preliminary injunction says CBP cannot collect “duty deposits” on PrimeSource’s entries of goods covered by the tariffs, which took effect Jan. 8, and sets bonding requirements until CIT enters final judgment in the case. The preliminary injunction results from an agreement between the government and PrimeSource nine days after the lawsuit was filed.

The Office of the U.S. Trade Representative issued four new exclusions from the first tranche of Section 301 tariffs on goods from China, it said in a notice. The exclusions apply retroactively to July 6, 2018 and will expire on Oct. 2, it said. The agency also adjusted tariff subheadings and made other "technical amendments" to previously issued exclusions.

The Office of the U.S. Trade Representative issued a new set of product exclusions from the 25 percent Section 301 tariffs on goods from China. The exclusions cover products from the third list of Section 301 goods. The new exclusions are reflected "in 2 10-digit HTSUS subheadings, which cover 52 requests, and 117 specially prepared product descriptions, which cover 156 separate exclusion requests," according to the notice.

The product exclusions apply retroactively from Sept. 24, 2018, to Aug. 7, 2020, USTR said.

President Donald Trump issued an executive order on Jan. 31 that mandates CBP work toward new criteria for obtaining importer of record numbers, and new consequences for customs brokers that help importers evade those criteria. The order directs the Department of Homeland Security to "issue a notice of proposed rulemaking to establish criteria importers must meet in order to obtain an importer of record number," and says one of those criteria must be that CBP debarment or suspension for reasons related to trade renders an importer ineligible.

The executive order also says CBP must require that customs brokers report any attempts by importers that are ineligible to get an importer of record number "to re-establish business activity requiring an importer of record number through a different name or address associated with the debarred or suspended person." It directs CBP to punish customs brokers that help ineligible importers by limiting their participation in trusted trader programs or even revoke their broker licenses.

White House Adviser Peter Navarro, said during a Jan. 31 conference call with reporters that e-commerce platforms are "ripping people off." Navarro told reporters on a conference call that e-commerce platforms like Amazon and Walmart.com should "voluntarily assume more responsibility for the poisons they are purveying," and said if they don't, DHS "will take this on."

The Commerce Department's Bureau of Industry and Security posted the two annexes from the recently announced expansion of Section 232 tariffs on goods made from steel and aluminum. The annex for aluminum products lists six subheadings covering types of wire and automobile stampings. The annex for the steel products includes four subheadings that cover types of nails, tacks and automobile stampings.

The Court of International Trade issued a decision late on Jan. 24 finding recent CBP regulations limiting the amount of drawback that can be claimed on excise taxes were "unlawful." The court held that a final rule issued by CBP in December 2018 that aimed to prevent so-called “double drawback” contradicts the legal framework created by Congress for drawback.

The regulations, which limit the amount of drawback claimed to the taxes actually paid on the exported good upon which the claim is based, also run afoul of Congress’ apparent intent to expand drawback, the court said.

CIT gave the National Association of Manufacturers and the Beer Institute, plaintiffs in the case, until Feb. 7 to propose what form of judgment the court should order.

The government will impose an additional 25 percent tariffs on some steel articles and 10 percent on some aluminum products starting Feb. 8, President Donald Trump said in a proclamation released late on Jan. 24. The new tariffs are because there has been an import surge in some products made from steel and aluminum, and because domestic capacity has not risen as much as expected from the 232 tariff action, it said.

The steel derivatives tariffs will apply to goods from all countries except for Argentina, Australia, Brazil, Canada, Mexico, and South Korea, it said. The aluminum derivatives tariffs affect goods from all countries except Argentina, Australia, Canada, and Mexico.

The products that will face the tariffs -- some currently are tariff-free and some have low tariffs -- have to have a recent history of increased imports, past the overall 4 percent import increase of all products. The metals also have to account for at least 2/3 of the product's cost, the proclamation says. Examples of targeted products include steel nails, tacks and corrugated nails and aluminum automobile stampings, aluminum wire and cables.

According to the proclamation, the increase is the result of an assessment by Commerce Secretary Wilbur Ross that "foreign producers of these derivative articles have increased shipments of such articles to the United States to circumvent the duties on aluminum articles and steel articles."

The Senate passed the U.S-Canada-Mexico Agreement, the replacement for NAFTA, with an 89-10 vote. Now the implementing bill heads to President Donald Trump's desk to be signed. The Canadian parliament must also still ratify the agreement.

Most of the Democrats who voted no said they did so because the trade deal doesn't address climate change, though Sen. Bernie Sanders, an independent who opposed the original NAFTA, voted against the pact because he felt it didn't do enough to prevent outsourcing to Mexico. Only one Republican voted no, Sen. Pat Toomey of Pennsylvania.

The 15 percent tariffs on goods from China included on list 4A will be reduced to 7.5 percent thirty days from today, a Trump administration official said during a Jan. 15 conference call with reporters. President Donald Trump previously announced the decrease, but it was not mentioned in materials released as part of the Phase One deal signed with China. A Federal Register notice on the reduction will be posted by the Office of the U.S. Trade Representative soon, the official said.

Majority Leader Mitch McConnell told reporters Jan. 14 that the Senate will hold a ratification vote on the U.S.-Mexico-Canada Agreement this week.

"We are, it looks like, going to be able to process the USMCA here in the Senate this week,” he said at a press conference at the Capitol. "That'll be good news for the Senate, and for the country, and something I think we have broad bipartisan agreement on."

The fast-track procedures limit debate to 20 hours, but not all that time is required before a vote.

The Office of the U.S. Trade Representative issued a new set of product exclusions from the 25 percent Section 301 tariffs on goods from China. The exclusions include products from the third list of Section 301 goods. The new exclusions "are reflected in 2 ten-digit HTSUS subheadings and 66 specially prepared product descriptions, which cover 81 separate exclusion requests," according to the notice.

The product exclusions apply retroactively from Sept. 24, 2018, to Aug. 7, 2020, USTR said.