Potential Relief from China Tariffs Coming

Co-Authored by Sharath Patil

Background on Section 301 Tariffs

A key element of the U.S.-China trade war, initiated under the Trump administration and continuing through Biden’s first term, was the imposition of China tariffs under Section 301. Section 301 is a mechanism via which the President can retaliate against foreign countries that violate U.S. trade agreements or engage in acts that are “unjustifiable” or “unreasonable” and burden U.S. commerce. With regard to China, the U.S. Trade Representative (“USTR”) found that China’s acts, policies, and practices related to intellectual property and innovation are unreasonable or discriminatory and burden or restrict U.S. commerce. Accordingly, a broad set of tariffs were instituted. Section 301 tariffs for goods originating from China have been so expansive that U.S. Customs revenue has nearly doubled from $41.6 billion in FY 2018 to $71.9 billion in FY 2019 and $74.4 billion in FY 2020.

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301 Exclusion Extensions for COVID-19 Related Products

On March 10, 2021, via Federal Register Notice ( 86 FR 13785), the United States Trade Representative (USTR) announced that 99 medical product exclusions will be extended from March 31, 2021, to September 30, 2021. This action extends a previous USTR action which extended these exclusions from December 31, 2020, to March 31, 2020 (85 FR 85831). […]

Proposed 25% Tariffs on Section 301 Digital Service Taxes – Comment Now

Background on Section 301 Digital Service Taxes

In 2020, the United States Trade Representative (“USTR”) initiated Section 301 investigations with respect to certain Digital Service Taxes (“DSTs”) being adopted or under consideration by a number of countries. DSTs are taxes on revenues that certain companies generate from providing certain digital services to users in those jurisdictions. According to USTR, available evidence suggests that DSTs are expected to target large, U.S.-based technology companies.

Section 301 of the U.S. Trade Act of 1974 authorizes the President to take all appropriate action including tariff-based and non-tariff-based 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.

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Biden Administration Commits to Modernizing Regulatory Review

Co-Authored by Sharath Patil

Background on Regulatory Review

U.S. federal laws come from a wide array of sources. They are generally organized under the following order of authority:  1) the U.S. constitution, 2) statutes passed by Congress, 3) treaties ratified by Congress, 4) case law, 5) executive orders, 6) regulations, and 7) agency guidance. After Congress has provided a federal agency with a policy mandate, an agency is empowered to promulgate regulations to provide detailed and binding rules on those matters.

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DTL’s Jennifer Diaz to Moderate E-Commerce Panel at U.S.-Mexico Logistics & Supply Chain Leaders Meeting

UntitledWe strive to keep our readers updated on import and export compliance issues and events. Here is another chance for you to learn what it takes to trade with Mexico. Join Diaz Trade Law’s founder, Jennifer Diaz, at U.S.-Mexico Logistics & Supply Chain Leader Meeting this Thursday, September 8, 2016 at the Four Seasons in Brickell.

Ms. Diaz will moderate the panel discussion on Challenges and Opportunities in Cross-border E–Commerce.  The panelists include:

  • Paul Tessy, CEO for Latin America and Canada, DHL
  • Jesus Rodriguez, President and Co-Founder, Magaya Corporation
  • Ruben Iman, President, Onest Logistics
  • Ana Paula Padilla, Foreign Legal Consultant, DICEX

This event is particularly important for:

  • Logistics Users
  • Supply Chain Managers
  • Manufacturing Companies
  • Customs Brokers
  • Customs Attorneys
  • Project Finance Specialists
  • Real Estate Developers, Brokers and Fund Managers
  • Commercial & Investment Banks
  • Law Firms
  • Tax Advisors

Attendees will learn…

  • How and why “E-Commerce” is radically changing the face of the global supply chain.
  • The specific challenges faced by industry members
  • The role of logistics in the “E-Commerce” operations
  • How “E-Commerce” companies are currently dealing with the different tax and duties structures and challenges faced at custom facilities.
  • Opportunities for U.S. companies in Mexico
  • What volume of work is done through “E-Commerce”
  • How Guarantees And Merchandise Returns Inhibit Cross Border “E-Commerce” and how to address these issues.

REGISTER HERE!

The Event Agenda can be found here.

Cost & Registration:

  • Member             $250.00
  • Non-Member    $350.00

Location:

  • Four Seasons
    1435 Brickell Ave
    Miami, Florida 33131

SEE YOU THERE!

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