To File or Not to File Protests?

protests cit

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 …

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Section 301 CIT Litigation: Current Status and What’s Next?

section 301 CIT Litigation

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 …

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Filing with the CIT Regarding the Section 301 Potential Tariff Refund

section 301 tariff refund

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 …

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Using Section 301 Tariff Exclusions

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 goods from China closed in late January.  However, the process of granting exclusions is unfolding very slowly. Tranches One and Two:  The exclusions granted under the first two tranches of …

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Updates with Chinese Trade War

By: Brandon French, Associate Attorney, Braumiller Law Group President Trump signed the Phase 1 Agreement with China on January 15, 2020. As part of the agreement, China has pledged to purchase $200 billion worth of goods and services over the next two years – this would be a 50% increase from the current levels. The …

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Section 301 Tariffs – A Year and a Half in Review

By: Brandon French, Associate Attorney, BLG The majority of US businesses have felt increased pressure since the imposition of the Section 301 tariffs. Companies have been forced to find ways to mitigate the impact of the tariff through reclassification, tariff engineering, or re-sourcing outside of China. The following breakdown explains the history of each “List” …

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INSIGHT: Trade Wars—Global Protectionism as a Threat to Cross-Border Transactions

By:  Adrienne Braumiller, Vicky Wu and Megan Mohler of Braumiller Law Group (Article originally posted on September 26, 2019 and is on the BloombergTax website.) President Trump’s trade war with China continues. What options do businesses importing and exporting have in this period of uncertainty? Adrienne Braumiller, Vicky Wu and Megan Mohler of Braumiller Law Group …

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Ready for More Section 301 Duties? Here They Come on EU Products!

By: Adrienne Braumiller, Founding Partner, Braumiller Law Group On October 2, 2019, the Office of the U.S. Trade Representative announced that the United States has won the largest arbitration award in World Trade Organization (WTO) history in its dispute with the European Union over illegal subsidies to Airbus.  This award grew out of an allegation …

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Section 301 List #3: Current Status of the List 3 Exclusion Process

By: Brandon French, Associate Attorney, Braumiller Law Group The deadline to submit List 3 exclusion requests officially closed on September 30th. While some exclusion requests have already been granted, the majority of submitters must now wait for the United States Trade Representative (USTR) to review their requests. As each request is reviewed, they must progress …

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Chinese Retaliatory Tariffs and List 4

By: Jennifer Horvath, Senior Associate, Braumiller Law Group In light of President Trump’s decision to increase tariffs on the $200 billion list of Chinese imports, China has decided to raise tariffs on $60 billion worth of U.S. goods. These retaliatory tariffs affect approximately 5,000 products and the total duty ranges from 20-25% depending on the …

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Special 301 Duties on Aircraft – Are They Just Winging It?

By: Bruce Leeds, Senior Counsel, Braumiller Law Group In a Federal Register Notice dated April 12, 2019, the Office of the US Trade Representative (USTR) announced the initiation of an investigation into European Union (EU) subsidies of large aircraft.  The notice also contained a list of European origin aircraft and other products targeted for potential …

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301 Tariff Hearings and the Value of Testifying – UPDATE

By: S. George Alfonso, Of Counsel, Braumiller Law Group  Introduction In the spring of 2018, the Trump administration announced a new round of tariffs (“301 Tariffs”) against the People’s Republic of China (“PRC”).  These 301 Tariffs were enacted last summer and encompass a massive-if-not-total cross-section of products and components manufactured in the PRC and imported …

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Section 301 Considerations When Importing from a NAFTA Country

By: Paul Fudacz, Senior Associate Attorney With the advent of the Section 301 tariffs, an issue that has been raised frequently is how to accurately determine the country of origin for Section 301 tariff purposes for goods imported from a NAFTA country.  The NAFTA sets forth rules for determining the “country of origin” of products …

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301 Tariff Hearings and the Value of Effective Testimony

 By: S. George Alfonso, Of Counsel, Braumiller Law Group, PLLC In August of 2018, I published an article entitled “301 Tariff Hearings and the Value of Testifying” [see link to previously published article on BLG Newsletter].  This article was based upon my experiences as Of Counsel to Braumiller Law Group, PLLC (“Braumiller”) in working closely …

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