Author: Neville Peterson LLP
May 16th, 2019
TRUMP TARIFFS: THE ART OF THE EXCLUSION REQUEST
Effective May 10, 2019, President Trump announced that retaliatory tariffs against $200 billion worth of Chinese exports, imposed under authority of Section 301 of the Trade Act of 1974, would be increased from 10 percent to 25 percent ad valorem. Coupled with the announcement of the duty increase for goods…
Oct 31st, 2019
ITC DUTY SUSPENSION PORTAL NOW OPEN
On October 11, 2019, the United States International Trade Commission (ITC) opened its portal to receive petitions for the establishment of temporary duty suspension or reduction measures. The portal, established pursuant to the American Manufacturing Competitiveness Act (AMCA), will remain open for applications through 5:15 P.M. on December 10, 2019….
Nov 25th, 2019
New CIT Decision Calls into Question Some Section 232 Tariffs on Iron and Aluminum Products from Mexico and Canada
A recent decision of the United States Court of International Trade appears to have drawn limits on the President’s authority to impose “national security” tariffs on steel and aluminum products under authority of Section 232 of the Trade Promotion Act of 1962. While the President has claimed authority to adjust…
Dec 2nd, 2019
SECTION 301 TARIFFS AND THE LAW OF UNINTENDED CONSEQUENCES
Section 301 of the Harmonized Tariff Schedule is Becoming a Crowded – and Confusing – Place Two major auto makers contacted their supplier in Tennessee one recent morning, giddy with excitement. The United States Trade Representative (USTR) had apparently granted an exclusion from the Section 301 tariffs on Chinese goods…
Jan 27th, 2020
Court of International Trade Strikes Down Excise Tax Drawback Restrictions
In a major victory for drawback claimants, and particularly the wine, petroleum and tobacco industries, the United States Court of International Trade recently struck down Treasury Department regulations which sought to limit drawback of excise taxes on exported substituted merchandise. In National Association of Manufacturers v. United States, Slip. Op….
Feb 19th, 2020
THE GOLD RUSH – WELL, THE STEEL AND ALUMINUM RUSH – GETS UNDERWAY
The United States Court of International Trade’s November 15, 2019 decision in Transpacific Steel Inc. v. United States held that the President was obligated to act within specific time periods in imposing adjustments on imports under Section 232 of the Trade Adjustment Act of 1962. In the case of tariffs…
Mar 3rd, 2020
FEDERAL CIRCUIT UPHOLDS CONSTITUTIONALITY OF STATUTE USED TO IMPOSE “NATIONAL SECURITY” STEEL AND ALUMINUM TARIFFS
To almost nobody’s surprise, the United States Court of Appeals for the Federal Circuit recently upheld the Constitutionality of Section 232 of the Trade Expansion Act of 1962, the statute invoked by President Trump to impose “national security” tariffs on imported steel and aluminum products. In American Institute for Imported…
Mar 17th, 2020
NEVILLE PETERSON LLP CORONAVIRUS PREPAREDNESS
The coronavirus pandemic has changed all our lives, and those changes may only be starting. Companies across the country are taking steps to embrace quarantine, social distancing and remote working to reduce the spread of the virus and protect our most vulnerable citizens. NPLLP joins in this important effort. First…
Mar 23rd, 2020
TRADE IN THE TIME OF CORONAVIRUS: UPDATE #1
Here at Neville Peterson LLP, we’ve transitioned to a remote working environment, and remain fully operational during the Coronavirus National Emergency. Now, more than ever, it is essential for businesses and their service providers to remain in contact and available to provide assistance. We’ll be providing regular updates on the…
Mar 26th, 2020
TRADE IN THE TIME OF CORONAVIRUS: UPDATE #2
At Neville Peterson LLP, we’ve transitioned to a remote working environment, and remain fully operational during the Coronavirus National Emergency. Now, more than ever, it is essential for businesses and their service providers to remain in contact and available to provide assistance. This is our latest update on the state…
Apr 6th, 2020
TRADE IN THE TIME OF CORONAVIRUS: UPDATE #3
At Neville Peterson LLP, we’ve transitioned to a remote working environment, and remain fully operational during the Coronavirus National Emergency. Perhaps a bit less well-groomed than we started, but operational nonetheless Now, more than ever, it is essential for businesses and their service providers to remain in contact and available…
Apr 10th, 2020
TRADE IN THE TIME OF CORONAVIRUS: UPDATE #4
At Neville Peterson LLP, we’ve transitioned to a remote working environment, and remain fully operational during the Coronavirus National Emergency. We’re abiding Samuel L. Jackson’s advice to stay at home and hope you are doing the same and staying safe. Now, our latest update on the state of trade during…
Apr 20th, 2020
TRADE IN THE TIME OF CORONAVIRUS: UPDATE #5
At Neville Peterson LLP, we’ve transitioned to a remote working environment, and remain fully operational during the Coronavirus National Emergency. We get together by Skype biweekly, and we’re getting to see who dyes their hair and who does not. Remarkably, not much dyeing, but a whole lot of honestly…
Apr 27th, 2020
COVID 19 and America’s Newest Oldest Crime – Hoarding
Shortly after the President signed Presidential Proclamation 9994 invoking the Defense Production Act to fight the Coronavirus Pandemic, the Attorney General, acting under the same body of law, issued his own memorandum addressing the legal aspects of the consequences of the Proclamation. The Memorandum, dated March 24, 2020 and sent…
Apr 30th, 2020
TRADE IN THE TIME OF CORONAVIRUS: UPDATE #6
At Neville Peterson LLP, we’re fully functional in remote working mode, ready to assist our clients, and openly fretting about the fate of so many unwatered plants in offices across the nation. But trade rolls on, with fits and starts, in these challenging times, and we’re striving to keep the…
May 11th, 2020
TRADE IN THE TIME OF CORONAVIRUS: UPDATE #7
At Neville Peterson LLP, we’re continuing to work in remote mode, assisting our clients and trying to keep international trade rolling along. Herewith, the latest news affecting international trade. Food and Drug Administration The FDA revoked Emergency Use Authorization (EUA) approvals for more than 60 Chinese makers of protective…
May 18th, 2020
NEW CIT DECISION GREENLIGHTS UP TO $383 MILLION IN REFUNDS
A Friday evening decision of the United States Court of International Trade (CIT) paves the way for quick refunds of up to $383 million to substitution drawback claimants. In National Association of Manufacturers v. Department of the Treasury, Slip Op. 20-67 (May 15, 2020), Senior Judge Jane A. Restani of…
Jun 5th, 2020
TRADE IN THE TIME OF CORONAVIRUS UPDATE #8
At Neville Peterson LLP, we’re continuing to work in remote mode, as the COVID-19 crisis appears, at last, to be winding down a bit. Herewith, the latest news affecting international trade. China Relations Keep Going Downhill: The President’s Phase I trade deal with China hangs in the balance, as trade…
Jun 9th, 2020
A Brief Word on George Floyd’s Killing and Recent Demonstrations
As international trade attorneys, we devote considerable professional effort to ensuring the success of transactions and interactions between people of different colors, nationalities and creeds around the world. We have watched civil unrest unfold, literally steps from our offices, following the killings of George Floyd and others, and we add…
Jul 20th, 2020
TRADE IN THE TIME OF CORONAVIRUS: UPDATE #9
At Neville Peterson LLP, we’re continuing to work in remote mode, as the COVID-19 crisis has eased in some areas of the country, but flared up in others. Herewith, the latest news affecting international trade. President Revokes Special Trade Status for Hong Kong Following the Secretary of State’s certification under…
Jul 31st, 2020
Importers, Customs Scrambling with USMCA Implementation
Neville Peterson’s John Donohue recently addressed some of the major issues facing trade and government following the July 1, 2020 implementation of the United States-Mexico-Canada Agreement. His comments were carried in The Beacon, the magazine of the Delaware River Maritime Exchange, and can be viewed here.
Aug 12th, 2020
U.S. Court of International Trade Decision Could Call into Question the Validity of Section 301 Exclusion Request Denials by U.S. Trade Representative
A recent decision of the United States Court of International Trade could call into question the legitimacy of Commerce Department decisions denying exemptions from the Section 232 “national security” tariffs on imported steel and aluminum. Before the U.S. Court of International Trade in JSW (Steel) USA, Inc. v. United States,…
Sep 15th, 2020
New CIT Lawsuit Challenges Section 301 Tariffs on List 3, List 4A Goods
A lawsuit recently filed in the United States Court of International Trade challenges the legality of Section 301 retaliatory tariffs imposed by the President on Chinese goods appearing on Lists 3 ($200 million trade action) and 4A ($300 million trade action) of the announced retaliatory measures. This lawsuit may provide…
Sep 21st, 2020
September 21 Has Come and Gone – Can I Still File a Suit for Section 301 Duty Refunds?
This past week was like nothing before seen in the 40-year history of the United States Court of International Trade (CIT). From September 16 through September 21, 2020, more than 3,500 new lawsuits were filed in the CIT by importers seeking refunds of Section 301 tariffs imposed on Chinese goods…
Dec 1st, 2020
SECTION 301 LITIGATION; WHERE ARE WE?
Some 3500 importers have filed suit in the United States Court of International Trade, seeking recovery of tariffs imposed under Lists 3 and 4A of the retaliation lists issued in the Section 301 investigation of China’s intellectual property rights practices. Here’s a brief update on the current status of this…
Dec 24th, 2020
TRADE IN THE TIME OF CORONAVIRUS: UPDATE #10
At Neville Peterson LLP, we’ve been working through the COVID-19 pandemic, and like everyone else, we’re hoping the end is in sight as vaccines become available. Herewith, the latest news affecting international trade. THREE BIG YEAR-END DEADLINES LOOM FOR TRADE The trade community is facing three significant year-end deadlines,…
Mar 3rd, 2021
“FIRST SALE” APPRAISEMENT AND NON-MARKET ECONOMIES: KEEP CALM AND CALL A CUSTOMS LAWYER
The United States Court of International Trade this week turned a few heads (and probably stopped a few hearts) with a decision suggesting that the Nissho-Iwai “first sale” rule of transaction value appraisement should not apply to goods from China or other non-market economy countries (NMEs), or goods which contain…
Jul 6th, 2021
CUSTOMS PROPOSES NEW ORIGIN RULES FOR CANADA, MEXICO AND CERTAIN GOVERNMENT PROCUREMENT PURPOSES
United States Customs and Border Protection has issued a proposed regulation which proposes to retain the “NAFTA Marking Rules” in 19 C.F.R. Part 102, and to make them applicable to all non-preferential origin determinations for goods imported from Canada or Mexico — not just marking, The proposal would use these…
Aug 25th, 2021
FEDERAL CIRCUIT AFFIRMS CIT DECISION INVALIDATING LIMITATIONS ON EXCISE TAX DRAWBACKS
The United States Court of Appeals for the Federal Circuit, in National Association of Manufacturers v. Department of the Treasury, No. 2020-1734 (August 23, 2021), affirmed a decision of the United States Court of International Trade (CIT) which invalidated certain Treasury Department regulations which sought to limit drawback of Federal…
Sep 24th, 2021
House Passes Legislation Targeting Excise Tax Drawbacks for Tobacco Products
No sooner did the Court of Appeals for the Federal Circuit hand exporters a major victory in obtaining excise tax drawbacks than the Treasury department has turned to Congress in an effort to reverse that decision, at least with respect to tobacco products. Recently, in National Association of Manufacturers v….
Oct 5th, 2021
USTR to Retain Section 301 Tariffs on Chinese Products But Re-Start Exclusion Process
United States Trade Representative Katherine Tai, in a speech delivered October 4, 2021, indicated that the Biden Administration has completed its 8-month review of China Trade policy, and settled on a “worker-centered” trade policy going forward. As part of this process, the Administration will be keeping in place the Section…
Oct 21st, 2021
SDNY Holds Freight Forwarder Not Strictly Liable for Lanham Act Violations When Counterfeit Goods Are Shipped
Freight forwarders are not strictly liable for violations of the Lanham Act just because they handle the transportation of goods that turn out to be counterfeit, the United States District for the Southern District of New York held in a significant recent ruling. In Nike Inc. v. B&H Customs Services,…
Nov 19th, 2021
Stick to Trade, Not Consumer Advocacy, CIT Tells Commerce Department
The fact that a foreign manufacturer misrepresented facts to consumers, while representing them accurately to the Commerce Department’s International Trade Administration (ITA) in an antidumping investigation, does not allow ITA to use “Adverse Facts Available” to determine dumping margins, the Court of International Trade recently held. In Dalian Meisen Woodworking…
Feb 2nd, 2022
Challenging the Imposition of Section 301 Duties on Chinese Imports: Summary of the Oral Argument in HMTX Industries, Inc. v. United States
On February 1, 2022, a three-judge panel of the United States Court of International Trade heard oral argument in the Section 301 litigation lead case, HMTX Industries LLC et al., v. United States. This case, in which some 6000 importers (and counting) have joined, seeks to have the Section 301 tariffs imposed…
Mar 2nd, 2022
Dead Rabbit? Recent CIT Ruling Upholds Traditional Customs Rules of Origin
In recent years, United States Customs and Border Protection (CBP) has been adopting increasingly novel interpretations of the rules determining the country of origin of imported goods. Largely in an effort to maximize collection of Section 301 tariffs on Chinese-origin products, Customs has wandered away from the traditional “substantial transformation”…
Mar 14th, 2022
Customs Gives Maquiladoras and Other COVID-Stricken Manufacturers a Duty Break
A recent Customs Headquarters Ruling provides a dutiable value allowance for certain manufacturers whose operations were impacted by COVID shutdowns during 2020. In Customs Headquarters Ruling H321226 of January 7, 2022, Customs held that a manufacturer operating a Mexican maquiladora could exclude from its computed value calculations certain plant costs…
Mar 28th, 2022
USTR Reinstates Section 301 Duty Suspensions for 352 Products
United States Trade Representative, Katherine Tai has announced the reinstatement of 352 product specific exclusions from the Section 301 retaliatory tariffs imposed on Chinese goods. The reinstated exclusions had previously expired in late 2020. USTR had sought comments regarding the possible reinstatement of some 549 expired suspensions. The agency has…
Apr 5th, 2022
CIT Shoots Down $5.7 Million Customs Suit for “Withheld Duties”
Customs’ Automated Commercial Environment (ACE) is a notoriously un-secure system for doing government business. Someone with access to the system and a company’s EIN number can make entry of virtually any merchandise in that company’s name. Customs has little way of knowing if the party filing the entry holds a…
May 4th, 2022
Administration to Review Section 301 Tariffs as Four Year Deadline Approaches
The United States Trade Representative (USTR) has issued required “60 day notices”, beginning the statutory process which requires that trade retaliation actions taken under Section 301 of the Trade Act of 1974 be reviewed after they have been in effect four (4) years. USTR is asking domestic “stakeholders” if they…
Jun 6th, 2022
PRESIDENT ESTABLISHES 24-MONTH MORATORIUM ON IMPOSITION OF ANTIDUMPING, COUNTERVAILING DUTIES ON SOLAR GOODS FROM SOUTHEAST ASIAN COUNTRIES
In a somewhat unprecedented development, President Biden today announced a 24-month moratorium on the imposition of antidumping and countervailing duties on solar panels and cells imported from four Southeast Asian countries – Cambodia, Malaysia, Thailand and Vietnam. The development comes in the midst of a series of Commerce Department…
Aug 16th, 2022
GOVERNMENT COUNTERCLAIMS IN PROTEST CASES? NOT SO FAST, CIT SAYS
Ever since enactment of the Customs Courts Act of 1980, which gave the United States Court of International Trade jurisdiction over counterclaims, litigants and the government have assumed that Customs could assert a claim for the payment of more duties than were assessed upon liquidation of Customs entries. But two…
Aug 16th, 2022
FEDERAL CIRCUIT COURT OVERTURNS DECISION LINKING “NON-MARKET ECONOMY” STATUS TO CUSTOMS VALUATION RULES
In a much-awaited decision, the United States Court of Appeals for the Federal Circuit (CAFC) has ruled that the application of the Customs valuation laws is not affected by the question of whether imported goods or their components are from a “non-market economy” country. In Meyer Corporation U.S. v. United…
Sep 21st, 2022
CONTROLLED SUBSTANCES ACT DOES NOT BAR IMPORTATION OF MARIJUANA PRODUCTION EQUIPMENT, COURT OF INTERNATIONAL TRADE RULES
The Federal Controlled Substances Act (CSA) does not bar the importation of equipment for processing marijuana where State laws authorize the possession and use of such equipment, according to an important new ruling by the United States Court of International Trade (CIT). In Eteros Technologies USA Inc. v. United States,…
Feb 1st, 2023
UFLPA a Game Changer for U.S. Importers
The Uyghur Forced Labor Prevention Act (UFLPA) is a game changer for companies that import goods from China, particularly from Xinjiang Province. While Section 307 of the Tariff Act has long banned imports of goods made using forced or prison labor, the UFLPA raises the stakes by creating a “rebuttable…
Jun 26th, 2023
CBSA PROPOSAL WOULD INCREASE DUTIES FOR MANY; PUBLIC COMMENTS DUE BY JULY 26, 2023
The Canada Border Services Agency (CBSA) has proposed amendments to Canada’s Value for Duty Regulations which would amend the definitions of “sale” and “purchaser in Canada” for purposes of determining the dutiable “transaction value” of imported merchandise. While the proposal is styled as one to “level the playing field” between…
Apr 17th, 2023
DUTY DRAWBACK: CLAIMANTS MAY NEED TO “ROOT HURT”
The tight-knit group of drawback professionals serving American importers and exporters (sometimes referred to by Customs as “drawback vigilantes”) is watching with interest and not a little concern as an interesting case makes its way through the United States Court of International Trade. In Spirit Aerosystems Inc. v. United States,…