By Bruce Leeds, Senior Counsel, Braumiller Law Group
A product has a country of origin of China, is not subject to China 301 duties and is eligible for USMCA benefits when imported from Canada – Whaaat!?
By: James R. Holbein, Of Counsel and Brandon French, Senior Associate Attorney
On May 14, 2024, the United States Trade Representative (USTR) released its Final Report relating to the four-year review of actions taken in the Section 301 investigation. Within the Report, the USTR confirmed that it intends to take actions to raise tariffs on specific products as a result of the comprehensive review.
By: Brandon French, Senior Associate, Braumiller Law Group
The United States Trade Representative (USTR) recently released a list of Section 301 exclusions that would be extended through May 31, 2025. Within the Notice, the USTR explained that extending these exclusions will support efforts to shift sourcing out of China, or provide additional time where, despite efforts to source products from alternative sources, availability of the product outside of China remains limited.
By Adrienne Braumiller, Partner & Founder
The Trade Act of 1974 grants the President broad powers to manage trade relationships with foreign countries. Section 301 of the act allows the President, acting through the United States Trade Representative (“USTR”), to impose retaliatory tariffs on imports from a country if the USTR determines that country’s economic conduct “is unreasonable or discriminatory and burdens or restricts United States commerce.”
By Adrienne Braumiller, Partner & Founder, Harold Jackson, Associate Attorney, and Gavin Anderson, Braumiller Consulting Trade Advisor
Section 301 Tariffs on Chinese goods continues to be at the forefront of international trade relations with China and the United States. As part of the four-year review required under the relevant statute (19 USC § 2417), the United States Trade Representative (USTR) began a two-phase notice-and-comment period in May 2022.
By: Vicky Wu, Partner, and Brandon French, Associate, Braumiller Law Group
The long-awaited decision by the Court of International Trade (“CIT”) was not the outcome thousands of importer companies were hoping for. On March 17, 2023, the CIT determined that the United States Trade Representative (“USTR”) legally followed Section 307 of the Trade Act of 1974.
By: Vicky Wu, Partner, and Brandon French, Associate, Braumiller Law Group
The long-awaited decision by the Court of International Trade (“CIT”) was not the outcome thousands of importer companies were hoping for. On March 17, 2023, the CIT determined that the United States Trade Representative (“USTR”) legally followed Section 307 of the Trade Act of 1974.
By: Harold Jackson, Braumiller Law Group Associate
The legality of the Section 301 Actions for List 3 ($200 Billion Trade Action) and 4a ($300 Billion Trade Action) continues to be contentiously disputed before the Court of International Trade. The mass action, In re Section 301 Cases, No. 21-00052, encompasses claims of over 6,500 Plaintiffs that argue the Section 301 Duties, enacted under the Trade Act of 1974, are illegal.
By: Jennifer Horvath, Partner, and Brandon French, Associate,
Braumiller Law Group
Many importers are eagerly awaiting the United States Trade Representative’s (“USTR”) required four-year review of the Section 301 Chinese tariffs. Section 301 of the Trade Act of 1974 grants the Office of the USTR a range of responsibilities and authorities to investigate and take action to enforce U.S. rights under trade agreements and respond to certain foreign trade practices.
By: Brandon French, Associate, Braumiller Law Group
Since the end of 2020, almost all companies were forced to begin paying the Section 301 duties as most available exclusions expired. This was a major hit for companies who were relying on the exclusions, as the additional duties were either 25% (List 1, 2, and 3) or 15% (List 4A).
By: Jennifer Horvath, Partner, and Brandon French, Associate,
Braumiller Law Group
Many importers are eagerly awaiting the United States Trade Representative’s (“USTR”) required four-year review of the Section 301 Chinese tariffs. Section 301 of the Trade Act of 1974 grants the Office of the USTR a range of responsibilities and authorities to investigate and take action to enforce U.S. rights under trade agreements and respond to certain foreign trade practices.
By: Brandon French, Associate Attorney, Braumiller Law Group
The United States Trade Representative (USTR) recently released a notice and comment period for the possible reinstatement of certain Section 301 exclusions. The majority of all Section 301 exclusions expired on December 31, 2020.
By: Adrienne Braumiller, Founding Partner, Braumiller Law Group On June 1, 2021, the U.S. Government, in the ongoing Court of International Trade (“CIT”) litigation over
By Adrienne Braumiller Braumiller Law Group
What is a Digital Services Tax (DST)? A DST is a tax on revenue a company generates from digital services provided to customers in different countries. The services include advertising, data transfer and online selling.
By Jennifer Horvath, Partner, Braumiller Law Group
The primary focus of companies over the past few years has been on the Section 301 China tariffs. However, businesses should be aware of the ongoing Section 301 investigation into digital service taxes (DST) by certain countries.
By Jennifer Horvath, Partner, BLG
Many people are aware of the Section 301 investigation into the unfair trade practices of the People’s Republic of China (PRC). However, a similar investigation has recently been initiated by the United States Trade Representative (USTR) into actions by Vietnam.
By: Adrienne Braumiller & Vicky Wu Braumiller Law Group
George Tuttle III, Law Offices of George R. Tuttle
On September 10, 2020, HMTX Industries and related companies, Halstead and Metroflor, filed a lawsuit in the Court of International Trade (“CIT”) alleging that the U.S. Trade Representative (“USTR”) exceeded its authority when it issued tariffs under …
By: Brandon French, Associate Attorney, BLG
As many importers are aware, a lawsuit was brought against the United States arguing that the List 3 and List 4A tariffs violated The Trade Act of 1974, as well as the Administrative Procedure Act (APA). Once the initial lawsuit was filed by HMTX on September 10th, companies rushed …
By: Bob Brewer, Braumiller Law Group
On the morning of September 15th our firm released a notification to importers that there was a case filed with the CIT that may possibly pave the way to refunds on the Section 301 tariffs. We expected a fairly decent response, and what we got was 10x’s that in …
By: James Holbein, Of Counsel, Braumiller Law Group The window for filing a request for exclusions from the tariffs imposed by the Trump Administration on
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trade law firm based in Dallas, TX, U.S.A. Braumiller
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