SmarTrade

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Key Notes: USMCA trade ministers meet, demonstrating that USMCA is in full force USMCA compliance required as of now Auto rules of origin and labor were key issues in discussions On May 18, 2021, the U.S.-Mexico-Canada Agreement (USMCA) Free Trade Commission (FTC) held its inaugural meeting, which was led by U.S. Trade Representative (USTR) Katherine Tai, Mexico’s Secretary of Economy Tatiana Clouthier and Canada’s Minister of Small Business, Export Promotion and International Trade Mary Ng.…
On May 14, 2021, the U.S. government defendants in the ongoing Court of International Trade (CIT) litigation over Section 301 tariffs on certain imports of Chinese products filed their opposition to the plaintiffs’ motion for a preliminary injunction that would suspend collection of these tariffs on imports covered by List 3 and List 4A as implemented by the Trump administration. See Update of May 3, 2021 for details on the plaintiffs’ motion). In its opposition,…
On May 17, 2021, the United States and European Union (EU) issued a Joint Statement agreeing to discussions in an effort to address global steel and aluminum excess capacity. In their statement, U.S. Trade Representative Katherine Tai, Secretary of Commerce Gina Raimondo, and European Commission Executive Vice President Valdis Dombrovskis acknowledged the impact of this excess capacity, which they stated was driven mostly by third parties (e.g., China), and the threat that such distortions cause…
On May 12, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a series of Frequently Asked Questions (FAQs) in an effort to respond to numerous questions from industry regarding the export of items that have been moved from the U.S. Munitions List under the International Traffic in Arms Regulations (ITAR) to BIS’ Commodity Control List and authorized under the Foreign Military Sales (FMS) program.  BIS notes that the movement of certain…
On May 12, 2021, U.S. Trade Representative Katherine Tai testified before the U.S. Senate Finance Committee on President Joseph Biden’s trade agenda. Ambassador Tai’s written testimony noted that the Biden administration wants “a fair international trading system that promotes inclusive growth and reflects America’s universal values.” She noted that support from Congress would add “more authority and opportunity to deliver results for the American people” as the United States “re-engage[s] the world, our trading partners,…
In a joint status report filed on May 11, 2021, the Department of Defense (DOD) and Xiaomi Corporation (Xiaomi) notified the U.S. District Court for the District of Columbia that they have reached an agreement in which Xiaomi will be removed from DOD’s list of Communist Chinese Military Companies (CCMC). DOD agreed that a final order from the court vacating DOD’s January 14, 2021 designation is appropriate, and the parties confirmed they will negotiate over…
On April 29, 2021, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced a settlement with MoneyGram Payment Systems, Inc. (MoneyGram), a global payments and money transfer company. Under the settlement, MoneyGram agreed to pay a $34,000 civil penalty for 359 apparent violations of multiple OFAC sanctions programs. MoneyGram provided services to blocked individuals incarcerated in U.S. federal prisons without a license from OFAC, processed transactions on behalf of an additional blocked…
On April 30, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a notice announcing a settlement and fine of over $300,000 to FLIR Systems, Inc. for an egregious violation of the Export Administration Regulations (EAR). This settlement highlights that violations of the EAR are not limited to physical exports of goods or services. The settlement resolves allegations that FLIR made “inaccurate or incomplete representations, statements, or certifications in violation of the…
On April 28, 2021, Chief Judge Mark Barnett of the U.S. Court of International Trade (CIT) issued an order staying any new complaints filed in the ongoing Section 301 tariff refund litigation involving the legality of tariffs imposed under Section 301 of the Trade Act of 1974 on imports from China appearing on the Office of the U.S. Trade Representative’s Lists 3 and 4A. Any “new 301 Cases(s)” will be automatically stayed without further action…
On April 23, 2021, the plaintiff group in the ongoing Section 301 tariff refund litigation at the U.S. Court of International Trade (CIT) filed a Motion for Preliminary Injunction Limited to Suspension of Liquidation of all unliquidated entries of imported products from China appearing on the Office of the U.S. Trade Representative’s Lists 3 and 4A subject to tariffs pursuant to Section 301 of the Trade Act of 1974. The preliminary injunction motion in this…