On March 31, 2021, the Office of the United States Trade Representative (USTR) published in the Federal Register (86 FR 16819) a request for written comments regarding a potential trade action in connection with the Section 301 investigation of Italy's Digital Services Tax (DST). USTR also will convene virtual public hearings and accept rebuttal comments in relation to the potential action.
Comments are due by April 30, 2021.
Italy has adopted a DST that applies to companies that during the previous calendar year, generated [euro]750 million or more in worldwide revenues and [euro]5.5 million or more in revenues deriving from the provision of digital services in Italy.
On January 14, 2021, based on information obtained during a investigation and the advice of the Section 301 Committee, the U.S. Trade Representative determined that Italy's DST is unreasonable or discriminatory and burdens or restricts U.S. commerce, and therefore is actionable under sections 301(b) and 304(a) of the Trade Act (19 U.S.C. 2411(b) and 2414(a))
USTR proposes to impose additional tariffs of up to 25 percent ad valorem on a list of goods from Italy.
The list published at 86 FR 16819 is quite extensive and contains the following articles of protential interest to clients of Agathon Associates.
Note: All products that are classified in the eight-digit subheadings of the Harmonized Tariff Schedule of the United States (HTSUS) that are listed in this Annex are covered by the proposed action. The product descriptions that are contained in this Annex are provided for informational purposes only, and are not intended to delimit in any way the scope of the proposed action. Any questions regarding the scope of a particular HTSUS subheading should be referred to U.S. Customs and Border Protection. In the product descriptions, the abbreviation ``nesoi'' means ``not elsewhere specified or included''.
------------------------------------------------------------------------ HTSUS subheading Product description ------------------------------------------------------------------------ 4202.29.10................. Handbags w. or w/o shld. strap or w/o handle of mat. (o/t leather, shtng. of plas., tex. mat., vul. fib. or paperbd.), paper cov., of plas. 4202.29.50................. Handbags w. or w/o shld. strap or w/o handle of mat. (o/t leather, shtng. of plas., tex. mat., vul. fib. or paperbd.), pap.cov.,of mat. nesoi. 4202.29.90................. Handbags with or without shoulder straps or without handle, with outer surface of vulcanized fiber or of paperboard, not covered with paper. 4202.31.30................. Articles of a kind normally carried in the pocket or handbag, with outer surface of reptile leather. 4203.29.30................. Men's gloves, mittens and mitts of leather or composition leather, nesoi, seamed. 4203.29.40................. Gloves, mittens and mitts of leather or composition leather, nesoi, not lined, for persons other than men. 4203.29.50................. Gloves, mittens and mitts of leather or composition leather, nesoi, lined, for persons other than men. 6103.10.10................. Men's or boys' suits, knitted or crocheted, of wool or fine animal hair. 6103.31.00................. Men's or boys' suit-type jackets and blazers, knitted or crocheted, of wool or fine animal hair. 6103.32.00................. Men's or boys' suit-type jackets and blazers, knitted or crocheted, of cotton. 6103.33.20................. Men's or boys' suit-type jackets and blazers, knitted or crocheted, of synthetic fibers, nesoi. 6103.39.80................. Men's or boys' suit-type jackets and blazers, of textile mats, (except wool, cotton, or mmf), cont less than 70% by wt of silk, knitted/croc. 6104.31.00................. Women's or girls' suit-type jackets and blazers, knitted or crocheted, of wool or fine animal hair. 6104.32.00................. Women's or girls' suit-type jackets and blazers, knitted or crocheted, of cotton. 6104.33.20................. Women's or girls' suit-type jackets and blazers, knitted or crocheted, of synthetic fibers, nesoi. 6110.30.10................. Sweaters, pullovers, sweatshirts and similar articles, knitted or crocheted, of man-made fibers, cont. 25% or more by weight of leather. 6117.80.20................. Ties, bow ties and cravats, containing 70% or more by weight of silk or silk waste, knitted or crocheted. 6117.80.87................. Ties, bow ties and cravats, containing under 70% by weight of silk or silk waste, knitted or crocheted. 6117.80.95................. Made up clothing accessories (excl shawl, scarve, and like, tie, cravat, headband, ponytail holder and like), cont < 70% wt of silk, k/c. 6203.19.10................. Men's or boys' suits, not knitted or crocheted, of cotton. 6203.31.90................. Men's or boys' suit-type jackets and blazers, of wool or fine animal hair, not knitted or crocheted. 6203.32.10................. Men's or boys' suit-type jackets and blazers, not knitted or crocheted, of cotton, containing 36 percent or more of flax fibers. 6203.32.20................. Men's or boys' suit-type jackets and blazers, not knitted or crocheted, of cotton, under 36% by weight of flax. 6203.33.10................. Men's or boys' suit-type jackets and blazers, not knitted or crocheted, of synthetic fibers, cont. 36% or more of wool or fine animal hair. 6203.33.20................. Men's or boys' suit-type jackets and blazers, not knitted or crocheted, of synthetic fibers, under 36% by weight of wool. 6203.39.10................. Men's or boys' suit-type jackets and blazers, of artificial fibers, containing 36% or more by weight of wool or fine animal hair, not k/c. 6203.39.20................. Men's or boys' suit-type jackets and blazers, not knitted or crocheted, of artificial fibers, under 36% by weight of wool. 6203.39.50................. Men's or boys' suit-type jackets and blazers, of textile materials (except wool, cotton or mmf), cont 70% or more by weight of silk, not k/c. 6203.39.90................. Men's or boys' suit-type jackets and blazers, of text materials (except wool, cotton or mmf), containing under 70% by weight of silk, not k/c. 6204.31.10................. Women's or girls' suit-type jackets & blazers, of wool or fine animal hair, not knitted or crocheted, cont. 30% or more of silk/silk waste. 6204.31.20................. Women's or girls' suit-type jackets and blazers, of wool or fine animal hair, not knitted or crocheted, under 30% by weight of silk. 6204.32.20................. Women's or girls' suit-type jackets and blazers, of cotton, not knitted or crocheted, under 36% flax. 6204.33.10................. Women's or girls' suit-type jackets and blazers, not knitted or crocheted, of synthetic fibers, cont. 30% or more of silk/silk waste. 6204.33.40................. Women's or girls' suit-type jackets & blazers, not knitted or crocheted, of synthetic fibers, cont. 36% or more of wool or fine animal hair. 6204.33.50................. Women's or girls' suit-type jackets and blazers, not knitted or crocheted, of synthetic fibers, nesoi. 6204.39.20................. Women's or girls' suit-type jackets & blazers, not knitted or crocheted, of artificial fibers, cont. 36% or more of wool or fine animal hair. 6204.39.30................. Women's or girls' suit-type jackets and blazers, not knitted or crocheted, of artificial fibers, under 36% by weight of wool. 6204.39.60................. Women's or girls' suit-type jackets and blazers, not knitted/crocheted, of textile materials nesoi, cont. 70% + of silk or silk waste. 6204.39.80................. Women's or girls' suit-type jackets and blazers, not knitted or crocheted, of textile materials nesoi. 6211.39.03................. Rec perf outwear, men's or boys' track suits or other garments nesoi, not knitted or crocheted, of wool or fine animal hair. 6211.39.30................. Men's or boys' track suits or other garments nesoi, not knitted or crocheted, of wool or fine animal hair, o/than rec perf outwear. 6215.10.00................. Ties, bow ties and cravats, not knitted or crocheted, of silk or silk waste. 6215.20.00................. Ties, bow ties and cravats, not knitted or crocheted, of man-made fibers. 6215.90.00................. Ties, bow ties and cravats, not knitted or crocheted, of textile materials nesoi. 6403.59.60................. Footwear w/outer soles and uppers of leather, not cov. ankle, n/welt, for men, youths and boys. 6403.91.60................. Footwear w/outer soles of rubber/plastics/ composition leather & uppers of leather, covering the ankle, n/welt, for men, youths and boys. 6403.91.90................. Footwear w/outer soles of rubber/plastics/ comp. leather & uppers of leather, cov. ankle, n/welt, for persons other than men/ youths/boys. 6404.20.40................. Footwear w/outer soles of leather/comp. leath., n/o 50% by wt. rub./plast. or rub./ plast./text. & 10%+ by wt. rub./plast., val. o/$2.50/pr. ------------------------------------------------------------------------
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