White House Announces Further Section 301 Tariff Hikes on Chinese Goods

Today the White House announced sweeping new tariffs on Chinese goods. The tariffs will apply to a range of sectors including semiconductors, steel and aluminum, batteries, and medical products.

Electric vehicles were a focus of the announcement, with tariffs to increase from 25% to 100% this year.

Impacted Industries

The new tariffs apply to $18 billion worth of Chinese imports in the following sectors:

  • Steel and aluminum – increase from 0-7.5% to 25% in 2024
  • Semiconductors – increase from 25% to 50% by 2025
  • Electric vehicles (TVs) – increase from 25% to 100% in 2024
  • Batteries
    • Lithium-ion EV batteries – increase from 7.5% to 25% in 2024
    • Lithium-ion non-EV batteries – increase from 7.5% to 25% in 2026
    • Battery parts – increase from 7.5% to 25% in 2024
    • Natural graphite and permanent magnets – increase from 0% to 25% in 2026
    • Certain critical minerals – increase from 0% to 25% in 2024
  • Solar cells – increase from 25% to 50% in 2024
  • Ship-to-shore cranes – increase from 0% to 25% in 2024
  • Medical products
    • Syringes and needles – increase from 0% to 50% in 2024
    • Certain PPE products – increase from 0-7.5% to 25% in 2024
    • Rubber medical gloves – increase from 7.5% to 25% in 2026

Why Now?

The announcement follows a statutorily required two-year government review of “Section 301” duties that were first imposed during the Trump Administration. The Special 301 review considers the current state of global IP protection and enforcement, unfair innovation policies, and market access barriers. In the […]

By |2024-05-14T11:19:37-04:00May 14, 2024|China|0 Comments

Trade News: New Petition Filed on Alkyl Phosphate Esters from China

A petition was filed on April 23, 2024 that alleges alkyl phosphate esters from China are being sold at less than fair value and benefiting from countervailing subsidies. The petition was filed by ICL-IP America, Inc., a subsidiary of the ICL Group (“ICL”). Alleged dumping margins range from 45.1% to 68.4%.

Full list of producers here. Full list of U.S. importers here.

The scope of petition covers alkyl phosphate esters based exclusively on side chains with a length of two or three carbon atoms and a phosphorus content of at least 6.5 percent (per weight) and a viscosity between 1 and 2000 mPa.s (at 20-25 °C).  Full scope here.

The Commerce Department will determine whether to initiate the investigations within 20 days. The USITC will reach a preliminary determination of material injury or threat of material injury within 45 days.

As with any proceeding, participation is very important to protect your rights. We urge anyone that imports alkyl phosphate esters to pay close attention to this case and to ensure that all appropriate steps are taken to mitigate any damage.

Diaz Trade Law will continue to monitor this case and share updates. For more information or questions get in touch with us at 305-456-3830 or info@diaztradelaw.com.

Breaking Trade News: New AD and CVD Petition Filed on 2,4-Dichlorophenoxyacetic Acid from China and India

On March 14, 2024, Corteva Agriscience LLC filed a petition for the imposition of antidumping and countervailing duties on imports of 2, 4-Dichlorophenoxyacetic (2, 4-D) acid from China and India.

2, 4-D is the active ingredient in many products used in the United States and throughout the world as an herbicide to kill weeds on land and in water.

Identified importers include:

  • Helena Industries LLC (China)
  • Nufarm Americas Inc. (China)
  • PBI-Gordon Corporation (China)
  • Gharda Chemicals (India)
  • Atul USA, Inc. (India)

The full list of identified exporters and producers can be viewed here.

The alleged dumping margins are:

  • China: 143.73%
  • India: 62.66%

The proposed scope language includes the 2, 4-D component of any derivative products of 2, 4-D including amine salt and ester forms.

The Commerce Department will determine whether to initiate the investigations within 20 days. The United States International Trade Court (USITC) will reach a preliminary determination of material injury or threat of material injury within 45 days. Final determinations will likely occur late 2024.

As with any proceeding, participation is very important to protect your rights. We urge anyone that imports 2, 4-D to pay close attention to this case to ensure that all appropriate steps are taken to mitigate any damage.

Diaz Trade Law will continue to monitor this case and share updates. For more information or questions get in touch with us at 305-456-3830 or info@diaztradelaw.com.

 

 

Breaking Trade News: New AD and CVD Petition Filed on Paper Plates from China, Vietnam and Thailand

The Petition, filed on behalf of the American Paper Plate Coalition (the “APPC”), concerns certain paper plates that are imported from China, Thailand, and Vietnam. APPC is comprised of six producers of paper plates in the United States:

  • AJM Packaging Corporation
  • Dart Container Corporation
  • Aspen Products, Inc.
  • Huhtamaki Americas, Inc.
  • 9201 Packaging Drive
  • Unique Industries, Inc.

The petition claims the paper plates were sold at less than fair value, and that certain paper plates from China and Vietnam benefit from countervailable subsidies. Petitioners claim that these imports have caused material injury and threaten additional material injury to the domestic industry producing paper plates.

Full list of producers here. Full list of U.S. importers here.

The proposed scope language is broad and includes “Paper plates, which may be white, colored, and/or printed, and if printed, may be printed and/or laminated by any means with images, text and/or colors on one or both surfaces.” Full description and scope here.

The Commerce Department will determine whether to initiate the investigations within 20 days. The USITC will reach a preliminary determination of material injury or threat of material injury within 45 days. Final determinations will likely occur late 2024.

As with any proceeding, participation is very important to protect your rights. We urge anyone that imports paper plates to pay close attention to this case and to ensure that all appropriate steps are taken to mitigate any damage.

Diaz Trade Law will continue to monitor this case and share updates. For more information or questions get […]

By |2024-01-25T15:57:12-05:00January 25, 2024|AD/CVD, China, Import, Vietnam|0 Comments

Upcoming Deadline to File Comments: USTRs Section 301 China Tariff Exclusions Proceeding

On December 26, 2023, the Office of the United States Trade Representative (“USTR”) announced that it will extend 352 reinstated exclusions and 77 COVID-related exclusions on goods from China until May 31, 2024.

The exclusions refer to additional duties imposed on goods from China pursuant to an earlier Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation.

In December 2022, the agency determined to extend the exclusions and extended them again in May 2023 and September 2023 through December 31, 2023. This latest Federal Register notice announces the agency’s determination to further extend the exclusions until May 31, 2024 and open up the ability to comment on the exclusions. The public docket will open on January 22, 2024 and will close on February 21, 2024.

This latest extension provides USTR additional time to orderly phase out certain exclusions and align others with the objectives determined during the agency’s ongoing four-year review of Section 301 China tariffs.

The agency also announced that it will open a docket to gather public comments on whether to further extend particular exclusions. The focus of the evaluation will be on:

  • The availability of products covered by the exclusion from sources outside China
  • Efforts undertaken to source products covered by the exclusion
  • Why additional time is needed
  • On what timeline, if any, the sourcing of products covered by the exclusion is likely to shift outside of China

USTR will also consider whether or not extending the exclusion will impact U.S. interests.

 Exclusion Background

In […]

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