LexSage

Putting all the hyperbole and posturing to one side, the recent agreement between Mexico and the U.S. which averted the tariffs can be found in the U.S.- Mexico Joint Statement released June 7, 2019. It consists of a few broad policy statements: Mexico will deploy its National Guard throughout Mexico, giving priority to its southern border – meaning the border with Guatemala; Mexico will take “decisive” action to dismantle human smuggling and trafficking organizations and…
Agriculture Secretary Perdue recently stated the trade damages to be addressed in a new round of farm aid is $15 to $20 billion! The general press is replete with stories about how, as these tariffs continue, companies are making sourcing changes that will be hard to reverse. So, what is the latest news? First, there is trade with China. It seems clear that unless there is a breakthrough at the G-20 meeting in Tokyo, or…
In our May 9, 2019 “Talking Trade” Periscope broadcast, we made the point that the wording in the China 301 tariff notice left confusion which needed to be cleared up, and now, it has been. As is common knowledge, the 10% tariff on the goods on List 3 or Traunch 3 went up to 25% at 12:01 a.m. on May 10, 2019. How this applies is, however, a bit more nuanced. The Federal Register Notice…
Originally published by the Journal of Commerce in May 2019 Were crimes committed? Was the President saved by the inaction of his own staff?  Did he stay on the right side of the law? Was there obstruction of justice? These and other serious topics are the source for heated discussions around water coolers, at your favorite bar, and other gathering places, including on-line. However, for those of us in the international trade field, it was…
Originally published in the Journal of Commerce in April 2019 Falling very much into the – you win some and you maybe lose some – a couple of noteworthy decisions have been published which may have long-term implications for the current Administration’s trade policies. The first was in the decision in American Institute for International Steel, Inc. v. U.S., Slip Op. 19-137 (March 25, 2019). In that case, the President’s power to impose tariffs on…
There are many ways employers may run afoul of the anti-discrimination provisions in U.S. immigration law.  As a very clear starting point, the general rule for a long time has been and remains an employer may not make hiring, firing, or recruitment / referral decisions based on a worker’s citizenship status. However, there are notable exceptions and the one relevant here relates to controlled goods. For these purposes, the definition of controlled goods includes their…
In March 2018, President Trump signed an executive order imposing Section 232 tariffs on steel products at the rate of 25% and 10% tariffs on aluminum products for reasons of national security.  At this time, Canada was exempted from the steel and aluminum tariffs.  On June 1, 2018, President Trump signed an executive order to remove the exemption for Canada. On July 1, 2018, Canada retaliated and imposed countermeasures against U.S.-origin steel, aluminum and a…
In response to U.S. tariffs applied to Canadian steel and aluminum, the Government of Canada introduced countermeasures on certain goods imported from the U.S.  On and after July 1, 2018 surtaxes of 25% and 10% apply respectively, to certain steel and aluminum products imported from the U.S. (United States Surtax Order (Steel and Aluminum).  Canada has also imposed a 10% surtax on a number of other products imported from the U.S., including certain…
On May 10, 2019, the Canada Border Services Agency (“CBSA”) posted Customs Notice 19-08 “Final Safeguard Measures on the Importation of Certain Steel Goods”.  Effective May 13, 2019, Canada will impose definitive safeguard duties on Heavy Plate and Stainless Steel Wire for a period of 3 years. Canada is imposing tariff rate quotas with declining tariff rate and increasing quotas over a three year period. The TRQs are not prohibitively restrictive and allow…