Section 301 Duties to be announced by June 15, 2018.

white house

Photo by Aaron Kittredge on Pexels.com

According to a Whitehouse.gov statement released today (May 29, 2018) titled: “Statement on Steps to Protect Domestic Technology and Intellectual Property from China’s Discriminatory and Burdensome Trade Practices” found here, the US will impose a 25% tariff on $50 billion of goods imported from China “containing industrially significant technology, including those related to the “Made in China 2025” program.  The final list of covered imports will be announced by June 15, 2018, and tariffs will be imposed on those imports shortly thereafter.

What is the “Made in China 2025” Program?
Made in China 2025 (Chinese: 中国制造2025) is a plan issued by Chinese Premier Li Keqiang in May 2015 to make China more self-sufficient and a manufacturing superpower in high-tech industries. An English version of the initiative can be found here.

What is Section 301?
Section 301 of the U.S. Trade Act of 1974, authorizes the President to take all appropriate action, including retaliation, to obtain the removal of any act, policy, or practice of a foreign government that violates an international trade agreement or is unjustified, unreasonable, or discriminatory, and that burdens or restricts U.S. commerce.

Section 301 is worded in general terms and allows for broad discretion from the President.

What are other points mentioned in the press release?

  1. There will also be other restrictions and increased export controls for Chinese persons and entities and will be announced on June 30, 2018.
  2. The US will continue litigating in the WTO for violations of intellectual property against China related to licensing of intellectual property. The US filed the case with the TWO on March 23, 2018.

Check back here on June 15, 2018 for the final list and tariff amounts to be imposed on the goods from China. If you have any questions how these Section 301 tariffs will impact your business, contact David Hsu at 832-896-6288 or by email at dhsu@givensjohnston.com.

EU wants to participate in the US-China steel dispute at the WTO.

pexels-photo-113885.jpeg

As previously posted on this blog, China requested consultations with the WTO regarding the US import tariffs on steel and aluminum. Requesting a consultation with the WTO is the first stage in the dispute process with the WTO and now the EU asked on April 23rd to join the dispute.

It is important to note that one week from now, President Trump will decide whether these tariffs would apply to imports from the EU. A temporary exemption from the 25% duty on steel and 10% duty on aluminum was granted for the EU until May 1st. Temporary exemptions were also granted to Canada, Mexico, Australia, Argentina and Brazil. South Korean imports have been exempted indefinitely.

In addition to the EU, Hong Kong, Russia, India and Thailand have also filed requests to join the consultations. Check back for more information as it becomes available.

 

China files WTO complaint over U.S. tariff actions.

pexels-photo-219014.jpeg

According to a World Trade Organization (WTO) report, the Chinese have requested a consultation with the United States under the WTO’s Dispute Settlement process about recent US tariff measures on Chinese goods.

Specifically, China claims the tariffs would be above the US bound rates of the General Agreement on Tariffs and Trade (GATT). A request for consultation begins the dispute process in the WTO. After a consultation has been requested, the parties have an opportunity to discuss the matter and find a solution without litigation. If a solution is not reached between the two parties after 60 days, China may then request a panel to adjudicate the matter.

For more information, contact trade and customs attorney David Hsu, 832-896-6288, dhsu@givensjohnston.com.

Taiwan requests WTO consultations with the US over the Trump administration’s tariffs on solar cells.

pexels-photo-260566.jpeg

 

After the Trump administration announced tariffs on solar modules and cell manufacturers for the next 5 years with tariff rates starting at 30%, Taiwan submitted a request for a consultation with the US regarding these duties.

Taiwan’s January 29th filing states:

“Having a substantial interest as an exporter in this case, the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu requests consultations with United States under Article 12.3 of the Agreement on Safeguards with a view to, inter alia, exchanging views on the proposed measure and reaching an understanding on ways to achieve the objective set out in Article 8.1 of the Agreement on Safeguards,”

Taiwan is also one of the world’s leading PV manufacturing industries and approximately 13 GW of solar cell manufacturing capability.

More updates to follow if and when a consultation occurs.

If your company imports solar modules and PV cells subject to these dumping rates or you want to know whether your imports are within the scope of the order, call experienced antidumping and countervailing duty attorney David Hsu for a free consultation, 832-896-6288, dhsu@givensjohnston.com.