Closing the Southern Border to Indirect Chinese Imports: U.S. Proclamations on Steel and Aluminum Imports from Mexico
Sheppard Mullin Blog » Import and Customs
by Curtis Dombek, Jordan Mallory and Elisavet Papathanasiou
5d ago
Effective July 10, 2024, President Biden issued two Presidential Proclamations aimed at refining the tariff exclusions under Section 232 of the Trade Expansion Act of 1962 for steel and aluminum imports from Mexico. Together, the Proclamations close loopholes whereby steel and aluminum from outside North America could avoid tariffs by shipping through Mexico. Those Proclamations reflect a concerted effort between the United States and Mexico to refine tariff exclusions, enhance regulatory oversight, and ensure compliance with international trade agreements. Importers of steel and aluminum now ..read more
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Navigating the Solarscape: Our Handy Solar Tariffs Cheat Sheet
Sheppard Mullin Blog » Import and Customs
by Lisa Mays, Jonathan Wang and J. Scott Maberry
1M ago
The solar industry is starting to get whiplash. Over the past year in particular, the industry has experienced a whirlwind of regulatory changes making solar tariffs some of the most complex tariffs in all of U.S. importing history. We should not expect the changes to lessen as the solar industry remains a focus for policymakers, industry stakeholders, and consumers. Given this frenetic pace (plus the upcoming June 28 deadline for public comments on the recent Section 301 duty increases), we provide this guide to current tariff and trade actions as a guide to help those in the industry keep af ..read more
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Biden Veto Maintains Solar Tariff Moratorium
Sheppard Mullin Blog » Import and Customs
by Jonathan Wang, Lisa Mays and J. Scott Maberry
1y ago
On May 16, 2023, President Joseph Biden vetoed the Congressional Review Act (CRA) resolution that would have nullified the temporary moratorium on the collection of antidumping and countervailing (AD/CVD) duties on imports of certain solar cells and modules from Cambodia, Malaysia, Thailand, and Vietnam. See House Joint Resolution (H.J. Res.) 39. Background Under the Congressional Review Act, Congress may pass a resolution of disapproval of an agency action. The resolution in this case would have nullified the temporary waiver issued by President Biden via Presidential proclamation in June 202 ..read more
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China Tariffs: Opportunity to Request Modifications
Sheppard Mullin Blog » Import and Customs
by J. Scott Maberry, Lisa Mays and Jonathan Wang
1y ago
On November 15, 2022, the United States Trade Representative (USTR) opened its docket (USTR-2022-0014) seeking public comments in its review of Lists 1 and 2 of the Trump-era tariffs on Chinese imports. The tariffs were issued by then-President Donald J. Trump under Section 301 of the Trade Act of 1974. USTR seeks comments from interested parties on the effectiveness of the tariffs in achieving the goals of the trade action, other actions or modifications that could be taken that would be more effective, and the effects on various aspects of the U.S. economy. After receiving many requests for ..read more
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China Tariffs: USTR Requests Comments for Review of Section 301 Tariffs
Sheppard Mullin Blog » Import and Customs
by J. Scott Maberry, Lisa Mays and Jonathan Wang
1y ago
The United States Trade Representative (USTR) has announced the next steps in its review of Lists 1 and 2 of the Trump-era tariffs on Chinese imports. Today, on October 17, 2022, USTR published the official request for comments in the Federal Register. The tariffs were issued by then-President Donald J. Trump under Section 301 of the Trade Act of 1974. USTR seeks comments from interested parties on the effectiveness of the tariffs in achieving the goals of the trade action, other actions or modifications that could be taken that would be more effective, and the effects on various aspects of th ..read more
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Further Export Controls on Semiconductor Technology for China coming this Week
Sheppard Mullin Blog » Import and Customs
by Reid Whitten, Julien Blanquart and Claire Le Tollec*
1y ago
** Update: Announcement has been moved to Friday October 7, 2022 at 9:30 AM Eastern Daylight Time ** On Thursday, the Biden administration will announce new restrictions preventing China from accessing advanced U.S. semiconductor technology. According to reports, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) will issue new rules that would clarify which semiconductor technologies may be exported to China, including codifying earlier guidance given to specific companies. This new development is part of the U.S. Government’s long standing effort to limit China’s access t ..read more
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Additional Import and Export Restrictions in Response to Russia’s Aggression in Ukraine
Sheppard Mullin Blog » Import and Customs
by Fatema Merchant, Reid Whitten and Jonathan Wang
1y ago
Last week, the United States government imposed additional restrictions on the imports from, and exports to, Russia. The import changes stem from the Suspending Normal Trade Relations with Russia and Belarus Act, signed into law by President Biden, that increase the duties for products that claim Russia or Belarus as their country of origin. In terms of exports, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a press release last Saturday announcing further controls on the export and reexport of U.S.-origin and certain foreign-produced commodities, software, and techn ..read more
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The Uyghur Forced Labor Prevention Act: Congress Finally Takes Action
Sheppard Mullin Blog » Import and Customs
by Fatema Merchant and Jonathan Wang
1y ago
Today, in a rare demonstration of bipartisanship, the U.S. Senate passed the Uyghur Forced Labor Prevention Act (the “Act”) – the text of which was a compromise between Senator Marco Rubio (R-Fla.) and Representative Jim McGovern (D-Mass.) – which had already passed the house on Tuesday of this week. Over the years, including most recently in February 2021 (see our post here), we’ve seen different attempts from both chambers to pass legislation prohibiting the imports of goods from Xinjiang or the Xinjiang Uygur Autonomous Region (“XUAR”) – a region in China where, per the U.S. Department of L ..read more
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Does Your Trade Policy Support Your Company’s Values?
Sheppard Mullin Blog » Import and Customs
by Lisa Mays, J. Scott Maberry, Fatema Merchant and Reid Whitten
1y ago
If your company is like many, your board of directors may be demanding that you put more effort into environmental, social, and governance issues, which have become known by the now-ubiquitous acronym “ESG.” Those demands don’t come from nowhere: consumers are demanding transparency and social responsibility. In particular, if your company does business internationally, regulators are focused on international social justice issues (such as the use of forced labor) more than ever. For companies engaged in international trade, there are many dilemmas to confront in implementing your ESG agenda ..read more
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Exclusions 2.0. The USTR Announces a New Section 301 Exclusion Process for Chinese Products
Sheppard Mullin Blog » Import and Customs
by J. Scott Maberry, Lisa Mays and Fatema Merchant
1y ago
Today, the United States Trade Representative issued a notice informing the importing community about a new Section 301 exclusion process and seeking comments from affected importers. The comment period begins on October 12, 2021, and ends on December 1, 2021. As with past exclusion processes, the USTR proposal would permit importers to apply for relief from Section 301 duties on certain imports from China, which range from 7.5% to 25%. But importantly, the range of exclusions available under the new procedures is very limited, as outlined below. Targeted Scope of the New Section 301 Exclusion ..read more
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