Archives: Customs

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USMCA Unlocked: Working Under the New NAFTA

Steptoe’s International Trade group has put together a helpful guide to the new NAFTA (the US-Mexico-Canada Agreement (USMCA)). The Agreement must still go through ratification and implementation processes in all three countries before it can enter into force. In the coming weeks, the Trump Administration will submit legislation to Congress to implement the USMCA. Before … Continue Reading

E-Commerce and Customs 2019 Annual Conference

On May 16, 2019, Steptoe and Greenlane, with the support of ICC Belgium, are hosting a conference on developments and issues regarding customs and e-commerce. The event will take place in Liège, Belgium. For more information and to register for the event, please click here.… Continue Reading

Brexit and Customs Preparedness

On February 26, 2019, Steptoe, Greenlane, and the UK Trade Forum are hosting an interactive discussion on how customs authorities and companies around Europe are preparing for Brexit. The event will take place in London. For more information and to register for the event, please click here.… Continue Reading

US Section 301 Investigation: Update on US Tariffs and China’s Response

The Office of the US Trade Representative (USTR) issued an update on its Section 301 investigation into Chinese technology and intellectual property practices on June 15, 2018. This update contains a list of products that will be subject to additional 25% tariffs on July 6, 2018 as well as a second proposed list of products … Continue Reading

Commerce Initiates Section 232 Investigation of Imports of Automobiles and Automotive Parts

Commerce Secretary Wilbur Ross announced on the evening of May 23 that he would begin a Section 232 investigation into the national security implications of automobile imports. According to a Department of Commerce (DOC) statement, the investigation will “determine whether imports of automobiles, including SUVs, vans, light trucks, and automotive parts into the United States … Continue Reading

How Far Can the US Take Trade and Investment Restrictions on China?

Very far, under existing US 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