On February 25, the Senate Finance Committee held a confirmation hearing for the nominee for the U.S. Trade Representative (USTR), Katherine Tai. Tai’s strong performance in the hearing demonstrated her poise and a depth of knowledge on the issues. She was well-prepared for Senators’ questions and is likely to receive a swift confirmation in the Senate within the next couple weeks. In her remarks, Tai spoke of the worker-centric trade policy of the Biden Administration,…

International Trade Law

European Commission Unveils New Trade Strategy

By John Brew, Jeffrey L. Snyder, Frances P. Hadfield & Clayton Kaier

February 24, 2021

On February 18, 2021, the European Commission unveiled its new trade strategy. The strategy aims to address the economic fallout from the coronavirus, climate change, and growing international tensions, while also reaffirming support for a rules-based multilateral trading system. The proposed measures range from WTO reform and digital trade initiatives, to tackling forced labor by developing enforcement mechanisms and requiring companies to monitor supply chains. Valdis Dombrovskis, Executive Vice President of the European Commission,…

International Trade Law

CBP Section 321 – Domestic Warehouses and Fulfillment Centers Administrative Ruling

By John Brew, Frances P. Hadfield & Clayton Kaier

February 24, 2021

On February 18, 2021, U.S. Customs and Border Protection (CBP) released a one-pager on a July, 28 2020, Administrative Ruling related to domestic warehouses and fulfillment centers. What is the Scope of this Ruling? 19 U.S.C. § 1321(a)(2)(c) enables CBP to admit qualifying merchandise duty- and tax-free provided that the merchandise is imported by “one person on one day” and has a total fair retail value in the country of shipment of $800 or less.…

International Trade Law

Uyghur Forced Labor Prevention Act Reintroduced by Congress on February 18, 2021

By Joshua Boswell, Jeffrey L. Snyder, Frances P. Hadfield & Clayton Kaier

February 20, 2021

On February 18, 2021, the House reintroduced the Uyghur Forced Labor Prevention Act (see press and bill) in the 117th Congress. Sponsored by Representatives James McGovern (D-MA), Chris Smith (R-NJ), Thomas R. Suozzi (D-NY), Vicky Hartzler (R-MO), Tom Malinowski (D-NJ), Mike Gallagher (R-WI), and Jennifer Wexton (D-VA), the legislation updates H.R. 6210 from the 116th Congress and is introduced less than a month after accompanying legislation from Senators Marco Rubio (R-FL), Jeff Merkley (D-OR).…

International Trade Law

Customs Ruling of the Week – Classification of Nitrile Gloves

By Frances P. Hadfield & Rebecca Toro Condori

February 20, 2021

https-www-cmtradelaw-com-wp-content-uploads-sites-15-2021-02-bestsafegloves-300x300-jpg

In ruling NY N317145 (February 10, 2021), Customs and Border Protection (CBP) discussed the classification of 100% nitrile rubber gloves, or “BestSafe-Nitrile Gloves.” As stated in the ruling, the gloves are seamless and disposable. They are used for medical purposes but are also multi-use, such as for the food processing, beauty, IT industries, etc. CBP determined that the applicable subheading for the gloves is 4015.19.1010, HTSUS, which provides for Articles of apparel and clothing accessories…

International Trade Law

Biden Reverses Trump, Removes Ansarallah (Houthis) Terrorist Designations

By Dj Wolff & Brian McGrath

February 17, 2021

Less than three weeks after the group’s initial addition to the list of Foreign Terrorist Organizations, the Biden administration removed Ansarallah (the Houthis in Yemen) from the list on February 16, 2021. As a result, Ansarallah is no longer blocked pursuant to OFAC’s Global Terrorism Sanctions Regulations and U.S. persons do not require authorization from OFAC to engage in activities or transactions with Ansarallah. Simultaneously, the Department of the Treasury’s Office of Foreign Assets Control…

International Trade Law

President Biden Imposes Sanctions & Export Controls on Myanmar In Response to Military Coup

By Carlton Greene, Jeffrey L. Snyder, Dj Wolff, Brian McGrath & Edward Goetz

February 16, 2021

In the first material sanctions-related action of the new U.S. Administration, on February 11, 2021, President Biden issued Executive Order 14014 (EO) imposing sanctions on Myanmar (Burma) in response to the February 1, 2021, military coup and subsequent detention of government leaders, politicians, and others there. The sanctions focus on the defense sector of the Burmese economy, its military, and current military government, but provide authority to expand the scope of the sanctions. The U.S.…

International Trade Law

CBP Publishes FAQ Responses to Xinjiang Uyghur Autonomous Region WRO

By John Brew, Jeffrey L. Snyder, David Stepp, Frances P. Hadfield, Maria Vanikiotis & Clayton Kaier

February 12, 2021

In light of increased U.S. actions and rising global concerns over reports of forced labor in Xinjiang, U.S. Customs and Border Protection (CBP) has issued the following Q&A responses: General What is the scope of the Xinjiang Uyghur Autonomous Region (XUAR) Withhold Release Order (WRO)? Can imported goods within the scope of the WRO be seized if they were imported and/or received prior to the WRO being put in place? Does the WRO apply to …

International Trade Law

Court of International Trade Orders Consolidates Section 301 Lawsuits and Orders United States to Answer in Case by March 12.

By John Brew, Daniel Cannistra, Frances P. Hadfield, Brian McGrath, Walter (Sam) Boone & Clayton Kaier

February 12, 2021

On February 10, 2021, the CIT issued a procedural order that requires all Section 301 cases to receive notice under a master case named “In Re Section 301 Cases, CIT Ct. No. 21-cv-00052.” The decision was made in an effort to streamline the more than 3,500 lawsuits the CIT has received from importers since September of last year. Additionally, the order requires a master answer from the United States to Answer Plaintiffs’ Complaints in a…

International Trade Law

Biden Decides Against Increased Tariffs in EU-U.S. Aircraft Subsidy Dispute

By John Brew, Frances P. Hadfield, Spencer Toubia, Edward Goetz & Clayton Kaier

February 12, 2021

On February 11, 2021, the Biden Administration decided not to increase tariffs against the European Union. In a Federal Register notice released today (Feb 12th), the Administration announced that “The U.S. Trade Representative together with the affected United States industry have agreed that it is unnecessary at this time to revise the action in the Section 301 investigation involving the enforcement of U.S. rights in the World Trade Organization (WTO) dispute involving Large Civil Aircraft…

International Trade Law

Trade law news insights and commentary

Blog Authors

Biden’s Trade Policy: USTR Nominee Katherine Tai’s Confirmation Hearing

European Commission Unveils New Trade Strategy

CBP Section 321 – Domestic Warehouses and Fulfillment Centers Administrative Ruling

Uyghur Forced Labor Prevention Act Reintroduced by Congress on February 18, 2021

Customs Ruling of the Week – Classification of Nitrile Gloves

Biden Reverses Trump, Removes Ansarallah (Houthis) Terrorist Designations

President Biden Imposes Sanctions & Export Controls on Myanmar In Response to Military Coup

CBP Publishes FAQ Responses to Xinjiang Uyghur Autonomous Region WRO

Court of International Trade Orders Consolidates Section 301 Lawsuits and Orders United States to Answer in Case by March 12.

Biden Decides Against Increased Tariffs in EU-U.S. Aircraft Subsidy Dispute

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