Starting Friday June 1, 2018, the 25% tariff on steel and 10% tariff on aluminum will go into effect for the European Union, Canada, and Mexico. The tariffs were originally announced in March (Steel and Aluminum Tariff List) but provided a temporary exemption to several U.S. allies while negotiations of export limits to the U.S. were discussed. According to U.S. Commerce Secretary Wilbur Ross, export limits were negotiated with South Korea, Argentina, Australia, and Brazil. However, Ross said negotiations didn’t go as far as he wanted them to with Canada, Mexico, and European diplomats and talks will continue.
News / Regulatory Updates
On Friday, March 23, 2018, the President signed into law H.R. 1625 (Public Law 115-141), the “Consolidated Appropriations Act, 2018,” which in addition to providing full-year federal appropriations through September 30, 2018, extended GSP with retroactivity, for goods entered or withdrawn from a warehouse for consumption from January 1, 2018 through December 31, 2020. The new law, effective April 22, 2018, also provided for the retroactive refund of all duties (without interest) to the importer of record (IOR) on GSP-eligible goods entered during the January 1, 2018 through April 21, 2018 lapse period.
The latest United States Trade Representative (USTR) proposed application of an additional 25% duty covering more than 1300 import tariff classifications including: medicaments; pumps and valves; machinery for the oil and gas, agriculture, food, beverage, and apparel industries; motors; generators; trucks; bulldozers; railway cars; automobiles; helicopters; airplanes; boats; and consumer products such as dishwashers, microwaves, TVs, and VCRs. The list of products, defined by 8-digit subheadings of the Harmonized Tariff Schedule of the United States (HTSUS), is set out in the Annex to the Federal Register Notice (click here).
President Trump Proposes Increased Tariffs on China Imports
Based upon an investigation by the United States Trade Representative (USTR) under section 301 of the Trade Act of 1974, as amended (the “Act”) (19 U.S.C. 2411) President Trump issued a Memorandum on March 22 stating he will impose about $60 billion worth of annual tariffs on Chinese imports as a result of China’s laws, policies, practices, or actions that may be unreasonable or discriminatory and that may be harming American intellectual property rights, innovation, or technology development. The tariffs, which the United States trade representative will publish within 15 days, will target 1,300 lines of Chinese goods — everything from shoes and clothing to electronics, administration officials said. Under the terms of the memorandum, the President ordered a 60-day consultation period, which will give industry lobbyists and legislators a chance to water down a proposed target list.
Safeguard Tariffs on Imported Solar Cells
- The ITC determined that increased solar cell and module imports are a substantial cause of serious injury to the domestic industry. Although the Commissioners could not agree on a single remedy to recommend, most of them favored an increase in duties with a carve-out for a specified quantity of imported cells.
GSP Expired On December 31, 2017
The Generalized System of Preferences (GSP) provides duty-free treatment to goods of designated beneficiary countries. The program was authorized by the Trade Act of 1974 to promote economic growth in the developing countries and was implemented on January 1, 1976.
US CBP issued new requirements governing the movement of cargo in-bond from the Port of Discharge to an Inland Port for Customs Clearance or Export. These new requirements are effective November 27, 2017. Full enforcement of the new rules will begin February 24, 2018. The most important change for MIQ origins is that CBP now requires the six-digit HTSUS number on ocean cargo consigned to inland points.
The United States International Trade Commission (USITC) on October 31 announced the remedy recommendations that it will forward to the President in its global safeguard investigation regarding imports of crystalline silicon photovoltaic cells (whether or not partially or fully assembled into other products).
Generalized System of Preferences (“GSP”) Expires December 31, 2017
The Generalized System of Preferences (“GSP”), first implemented on January 1, 1976, periodically expires and must be renewed by Congress to remain in effect. The most recent GSP reauthorization (H.R. 1295) expires on December 31, 2017. Although Congress let the program lapse for two years past the previous expiration date of July 31, 2013, we are not aware of any current effort to end the program. But it nonetheless remains a possibility.
Presidential Authority To Regulate International Trade & Potential Impacts To NAFTA
Do you know the President’s authority as it is related to international trade and commerce? This presentation provides insight into the President’s authority according to language in the Constitution, Executive Authority per specific Trade Acts, as well as historical precedents. The presentation also reviews the current status of NAFTA and the potential impact to Regional Value Content if the trade agreement is renegotiated.