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How Far Can the U.S. Take Trade and Investment Restrictions on China?

Very far, under existing U.S. law. The authority already available to the President under the International Emergency Economic Powers Act (IEEPA) is vast, and could be applied to Chinese investments with the (relatively) simple declaration of a national emergency related to such investments.  Reports have already been swirling about a plan by the Trump Administration … Continue Reading

Rising Tensions in the US-China Trade Relationship

The Office of the US Trade Representative (USTR) published on April 3, 2018 a proposed list of products imported from China to target with an additional 25% tariff. These tariffs have been proposed in response to USTR’s findings in an investigation conducted under Section 301 of the Trade Act of 1974 (Section 301) and would … Continue Reading

The Section 301 Trade Action Against China: The Road Ahead

On March 22, 2018, in response to the United States Trade Representative’s (USTR) investigation into Chinese trade practices under Section 301 of the Trade Act of 1974, the Trump Administration announced plans to 1) impose additional 25% tariffs on various Chinese imports, 2) initiate a new WTO dispute against China, and 3) limit Chinese investments … Continue Reading

Impending Steel and Aluminum Tariffs: Opportunities for Exemptions and Exclusions

On March 8, 2018, President Trump proclaimed new tariffs on steel and aluminum imports as a result of an investigation into the national security impact of these imports under Section 232 of the Trade Expansion Act of 1962. Although these tariffs will apply to a wide range of steel and aluminum products from all countries … Continue Reading

How Your Smart Watch Illuminates Fundamental Customs Classification Principles

U.S. Customs and Border Protection (“CBP”) recently issued a ruling on the classification under the Harmonized Tariff Schedule of the United States (“HTSUS”) of Apple Watch Bands. In the ruling, CBP concluded that the watch bands properly are classified under heading 9113, which specifically covers “watch bands” and “watch straps”.  CBP declined Apple’s request that … Continue Reading

Executive Orders Indicate Increased Enforcement and Costs on Import Declarations, Potential Action on Trade Deficits

On March 31, 2017, President Donald J. Trump signed two Executive Orders on international trade and customs issues. The first of the two orders suggests that much tougher enforcement actions will be coming for import compliance especially, but not only, on merchandise (1) subject to antidumping (“AD”) or countervailing duty (“CVD”) orders, and (2) that … Continue Reading

Court Addresses “Substantial Transformation” Standard for Country of Origin Under the Trade Agreements Act

In Energizer Battery, Inc. v. United States, the US Court of International Trade (CIT) recently addressed “substantial transformation” for purposes of determining country of origin (COO) for US government procurement purposes under the Trade Agreements Act (TAA). This is a case of first impression for the CIT, which has jurisdiction to review Customs and Border … Continue Reading
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