Yun Gao

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On March 25, 2019, the U.S. Court of International Trade (CIT) in American Institute for International Steel, Inc., Sim-Tex, LP and Kurt Orban Partners, LLC v. United States, held that Section 232 duties imposed on certain steel and aluminum imports by President Trump were constitutional. The three-judge panel denied the American Institute for International Steel’s challenge to the Section 232 duties. In its decision, the Court held it was bound by the Supreme Court precedent in Algonquin that…
NOTE – this post was updated on 9/19/2018 to reflect the change in retaliation duties on affected U.S. goods. In a press release issued on August 1, United States Trade Representative (USTR) Robert Lighthizer announced the President directed him to consider increasing the proposed level of the additional duty on the latest Section 301 List (List 3 worth $200 billion) from 10% to 25%. On August 3, China responded in kind and threatened to…
On July 11, 2018, the United States Trade Representative (USTR) opened the docket for China 301 Product Exclusion Requests on regulations.gov. The Docket ID is USTR-2018-0025. The docket includes USTR’s ‘China 301 Product Exclusion Form’. In its July 11 Federal Register Notice describing the procedures to use for product exclusion requests, USTR states, “To assist in review of requests for exclusion, USTR has prepared a request form that will be posted on…
On July 5, 2018, U.S. Customs and Border Protection (CBP) hosted a teleconference to review Section 301 filings requirements, allow members of the trade community to seek clarifications and raise questions, and outline resources CBP has in place. The first set of Section 301 tariff increases is effective on July 6, 2018. This is the second round of tariff increases following the recent Section 232 tariffs on steel and aluminum. CBP is highly…
On June 21, 2018, the U.S. Department of Commerce published in the Federal Register an extended commenting schedule in the Section 232 investigation on U.S. imports of automobiles, including cars, SUVs, vans and light trucks, and automotive parts. Commerce is now extending that comment period by a week from the initial deadline. Interested parties are invited to submit comments, data, analyses, or other information pertinent to the investigation by June 29, 2018. Rebuttals to any…
On June 20, 2018, the U.S. Trade Representative (USTR) announced in the Federal Register that, beginning on July 6, 2018, an additional 25% duty will be imposed on products from China set out in Annex A of the notice. The USTR also released details on the public hearing and comments schedule regarding additional proposed tariffs on the list of products set out in Annex C of the notice. Yesterday’s notice confirmed the USTR’s proposed Section 301 actions on two…
On June 15, China’s State Council announced it would retaliate against new U.S. tariffs stemming from its Section 301 investigation of China’s unfair trade practices related to the “forced transfer of American technology and intellectual property”. The list of retaliatory tariffs expanded some 106 types of products China originally disclosed in April in response to the U.S. Section 232 tariffs on steel and aluminum products. China announced that the added tariffs would target $50 billion…
Media sources are reporting the Department of Commerce will not consider steel and aluminum product exclusions for countries subject to quotas. Only countries facing the tariffs will be considered for product exclusions. Currently, South Korea, Brazil, and Argentina have agreed to an absolute quota deal on certain steel products that are subject to the Section 232 tariffs. The steel quotas are separated into 54 subcategories for South Korea, Argentina, and Brazil. Argentina has already reached…
On March 19, Commerce published a Federal Register Notice which detailed the procedure to request product exclusions from the new imported steel and aluminum tariffs. In addition, the agency established two web pages and accompanying exclusion request forms, one each for steel and aluminum, explaining the process, how to file exclusion requests, the detailed information to be provided, and how to file exclusion objections. Per its new web pages and exclusion request forms, Commerce…
President Trump announced plans to approve tariffs on both steel and aluminum products pursuant to Section 232 of the Trade Expansion Act of 1962. According to his meeting earlier today with top steel and aluminum executives, the U.S. will impose a 25 percent tariff on steel imports and a 10 percent tariff on aluminum for a “long period” amount of time.  The President has yet to specify any country exemptions, nor did he discuss the process to…