Showing posts with label European Union. Show all posts
Showing posts with label European Union. Show all posts

Friday, April 8, 2022

The EU Strategy for Sustainable and Circular Textiles was published on March 30, 2022.

The European Union (EU) will be putting forward several pieces of legislation in 2022 to achieve its circular economy transition. One initiative, the Sustainable Products Initiative (SPI) will focus on “key product value chains” (including textiles) that the Commission sees as requiring “urgent, comprehensive and coordinated action” to jumpstart the transition to circularity. The EU Strategy for Sustainable and Circular Textiles was published on March 30, 2022. For more information, see the EU Strategy for Sustainable Textiles webpage

Read more on the OTEXA website.

Monday, March 14, 2022

EU Circular Economy-Sustainable Products Initiative

The European Union (EU) will be putting forward several pieces of legislation over the course of 2022 to achieve its circular economy transition. One initiative, the Sustainable Products Initiative (SPI) will focus on “key product value chains” (identified as electronics, information and communication technologies, textiles, furniture, steel, cement, and chemicals) that the Commission sees as requiring “urgent, comprehensive and coordinated action” to jumpstart the transition to circularity. The SPI is expected to be published on March 30. For more information on the SPI and how U.S. businesses can engage with the EU on circular economy, see the U.S. Commercial Service-EU market intelligence article. (https://www.trade.gov/market-intelligence/european-union-circular-economy-transition-full-speed-ahead)

Wednesday, March 2, 2022

European Commission Accepting Comments on Microplastics in the Environment

On February 22, 2022, the European Commission invited public comments on how best to reduce the amount of unintentionally released microplastics into the environment. This public consultation supports the Commission’s initiative on reducing microplastics pollution, as part of its Circular Economy Action Plan and Zero Pollution Action Plan. The consultation focusses on sources known to release the largest quantity of microplastics, such as plastic pellets, synthetic textiles, and tires.

Read more HERE.

Thursday, May 20, 2021

Joint United States-European Union Statement on Addressing Global Steel and Aluminum Excess Capacity

On May 17, 2021, United States Trade Representative Katherine Tai, U.S. Secretary of Commerce Gina M. Raimondo, and European Commission Executive Vice President Valdis Dombrovskis announced the start of discussions to address global steel and aluminum excess capacity. During a virtual meeting last week, the leaders acknowledged the need for effective solutions that preserve our critical industries, and agreed to chart a path that ends the WTO disputes following the U.S. application of tariffs on imports from the EU under section 232.

Read more HERE.

Friday, May 14, 2021

U.S. Seeks Cooperation with EU in Addressing China Challenge

On May 14, 2021, United States Trade Representative Katherine Tai met virtually with European Commission Executive Vice President Valdis Dombrovskis to discuss opportunities to strengthen economic ties between the United States and the European Union and resolve the long-running dispute over large civil aircraft subsidies. Ambassador Tai expressed her commitment to finding a permanent solution, before the tariff suspension expires in July, that that levels the playing field and creates a platform for future cooperation to address the shared challenges from non-market economies, such as China.

Thursday, January 28, 2021

AAFA along with 71 associations sent a letter to the European Union (EU) and the U.S. to remove, or at least suspend all additional and retaliatory tariffs affecting or threatening Trans-Atlantic trade.

The Amereican Apparel and Footwear Association along with 71 associations sent a letter to the European Union (EU) and the U.S. to remove, or at least suspend all additional and retaliatory tariffs affecting or threatening Trans-Atlantic trade.

Read the letter HERE

Tuesday, November 10, 2020

United States Responds to European Union Tariff Announcement

On November 9, 2020, United States Trade Representative Robert E. Lighthizer responded to the announcement by the European Union imposing tariffs on certain products from the United States.

“The United States is disappointed by the action taken by the EU today,” Ambassador Lighthizer stated. “The alleged subsidy to Boeing was repealed seven months ago. The EU has long proclaimed its commitment to following WTO rules, but today’s announcement shows they do so only when convenient to them.”

Background

As part of a 16-year-old litigation involving large civil aircraft, the EU alleged that a certain Washington State tax provision benefited Boeing. In response to a WTO panel decision, Washington State unambiguously repealed this tax provision on April 1, 2020. Under such circumstances, a WTO member cannot unilaterally impose retaliatory tariffs on a trading partner.

The USTR is in negotiations with the EU with the hope of resolving this longstanding dispute relating to large civil aircraft.

Wednesday, July 1, 2020

Several Textile Articles from Europe Face Potential Tariff Hikes

On June 26, 2020, the Office of the U.S. Trade Representative published in the Federal Register (85 FR 38488) notice that it is conducting a review of the action being taken in the Section 301 investigation involving the enforcement of U.S. World Trade Organization (WTO) rights in the Large Civil Aircraft dispute. In connection with this review, the U.S. Trade Representative is considering modifying the list of products of certain current or former European Union (EU) member States that currently are subject to additional duties. Annex I to this notice contains the list of products currently subject to additional duties. Annex II contains a list of products, originally published in the April and July 2019 notices in this investigation, under consideration but not currently subject to additional duties. Annex III contains a new list of products being considered for imposition of additional duties. The Office of the United States Trade Representative (USTR) requests comments with respect to whether products listed in Annex I should be removed from the list or remain on the list; whether the rate of additional duty on specific products should be increased, up to a level of 100 percent; whether additional duties should be imposed on specific products listed in Annex II or Annex III; and on the rate of additional duty of up to 100 percent to be applied to any products drawn from Annex II or Annex III. On June 26, 2020, USTR is opening an electronic portal for submission of comments regarding the review of the action.

Comments are due by July 26, 2020.

Currently textile products of the United Kingdom described below are subject to additional import duties of 25 percent ad valorem:

HTSSubheading Product Description
6110.11.00Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, of wool
6110.12.10Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, of Kashmir goats, wholly of cashmere
6110.20.20Sweaters, pullovers and similar articles, knitted or crocheted, of cotton, nesoi*
6110.30.30Sweaters, pullovers and similar articles, knitted or crocheted, of man-made fibers, nesoi
6202.99.15Recreational performance outwear, women's/girls' anoraks, wind-breakers & similar articles, not knitted or crocheted, of other textile materials (not wool, cotton or MMF), containing <70 percent by weight of silk
6202.99.80Women's/girls' anoraks, wind-breakers & similar articles, not knitted or crocheted, of other texile materials (not wool, cotton or MMF), containing <70% by weight of silk,
6203.11.60Men's or boys' suits of wool, not knitted or crocheted, nesoi, of wool yarn with average fiber diameter of 18.5 micron or less
6203.11.90Men's or boys' suits of wool or fine animal hair, not knitted or crocheted, nesoi
6203.19.30Men's or boys' suits, of artificial fibers, nesoi, not knitted or crocheted
6203.19.90Men's or boys' suits, of textile mats(except wool, cotton or MMF), containing under 70 percent by weight of silk or silk waste, not knit or crocheted
6208.21.00Women's or girls' nightdresses and pajamas, not knitted or crocheted, of cotton
6211.12.40Women's or girls' swimwear, of textile materials(except MMF), containing 70% or more by weight of silk or silk waste, not knit or crocheted
6211.12.80Women's or girls' swimwear, of textile materials(except MMF), containing under 70% by weight of silk or silk waste, not knit or crocheted
6301.30.00Blankets (other than electric blankets) and traveling rugs, of cotton
6301.90.00Blankets and traveling rugs, nesoi
6302.21.50Bed linen, not knit or crocheted, printed, of cotton, cont any embroidery, lace, braid, edging, trimming, piping or applique work, n/napped
6302.21.90Bed linen, not knit or croc, printed, of cotton, not cont any embroidery, lace, braid, edging, trimming, piping or applique work, not napped
*

NESOI means Not Elsewhere Specified or Included.

Addition tariffs, up to 100%, are being considered for several textile articles from Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom.

Wednesday, May 6, 2020

U.S. Notifies Full Compliance in WTO Aircraft Dispute

On May 6, 2020, The United States notified the World Trade Organization (WTO) that it has fully complied in the dispute brought by the European Union (EU) regarding U.S. subsidies to Boeing. In April 2019, the WTO found that the Washington State Business & Occupation (B&O) tax rate reduction continued to breach WTO subsidy rules. At that time, the EU was unsuccessful on the remainder of its challenges to 29 state and federal programs alleged to harm Airbus.

Washington enacted Senate Bill 6690 on March 25, 2020, which eliminated a preferential tax rate for aerospace manufacturing. The removal of the subsidy fully implements the WTO’s recommendation to the United States, bringing an end to this long-running dispute.

Background

After many years of seeking unsuccessfully to convince the EU and four of its member States (France, Germany, Spain, and the United Kingdom) to cease their subsidization of Airbus, in 2004 the United States brought a WTO challenge to EU subsidies. The EU responded by challenging what it claimed were even larger subsidies to Boeing by the United States.

Two separate WTO panels addressed the claims brought by the United States and the EU, respectively. The two processes resulted in two very different sets of WTO findings and subsequent respondent actions.

The U.S. Claims Against the EU

In 2011, the WTO found that the EU provided Airbus $17 billion in subsidized financing from 1968 to 2006, and that European "launch aid" subsidies breached WTO rules because they were instrumental in permitting Airbus to launch every model of its large civil aircraft, causing Boeing to lose sales of more than 300 aircraft and to lose market share throughout the world.

In response, the EU removed two minor subsidies, but left most of them unchanged. The EU also granted Airbus more than $5 billion in new subsidized "launch aid" financing for its A350 XWB family of aircraft. The United States filed a complaint in March 2012 alleging that the EU not only had failed to comply with the WTO’s findings but had further breached WTO rules through the new subsidized financing for the A350 XWB.

The WTO compliance panel and appellate reports found that EU subsidies to high-value, twin-aisle aircraft continued to cause serious prejudice to U.S. interests. The reports found that billions of dollars in launch aid to the A350 XWB cause significant lost sales of Boeing 787 aircraft. The reports also found that subsidies to the A380 continue to cause significant lost sales of Boeing aircraft, as well as impedance of exports of Boeing very large aircraft to the EU, Australia, China, Korea, Singapore, and UAE markets.

In 2018, the United States requested authority to impose countermeasures commensurate with the adverse effects that the EU subsidies continued to cause. The EU challenged the U.S. estimate, and a WTO arbitrator found that the annual adverse effects to the United States amounted to $7.5 billion per year. The United States imposed countermeasures in October 2019, consistent with the WTO’s authorization.

The EU Claims Against the United States

The EU's original 2004 complaint alleged that the United States provided unlawful subsidies to Boeing. In that dispute, the WTO found that the United States provided Boeing with $3.2-4.3 billion in subsidized research and development funding, certain federal tax benefits, and the Washington State preferential B&O tax, with far more limited market effects than the EU's subsidies to Airbus, which enabled launch of entirely new aircraft programs.

In response to the WTO's findings, the United States modified the research and development funding and revoked much of the tax benefits, which in its view removed any adverse effects to the EU from Washington B&O tax rate reduction. The EU then filed a compliance challenge in October 2012 alleging that the United States failed to comply with the findings against it. The WTO compliance panel issued a report in June 2017, which rejected 28 of the EU’s 29 claims. The appellate report likewise found only that the Washington B&O tax rate reduction continued to cause adverse effects to Airbus. The EU subsequently asked a WTO arbitrator in 2019 to determine the level of countermeasures it could take in response to U.S. non-compliance. The decision in the arbitration is expected later this year.

Wednesday, October 9, 2019

USITC report U.S. SME Exports: Trade-related Barriers Affecting Exports of U.S. Small and Medium-sized Enterprises to the United Kingdom

On October 4, 2019, the U.S. International Trade Commission released Inv. No. 332-569, Publication 4953, U.S. SME Exports: Trade-related Barriers Affecting Exports of U.S. Small and Medium-sized Enterprises to the United Kingdom

The report focuses on barriers identified by SMEs that hinder their ability to export to the UK. The USITC collected primary qualitative information and data to analyze both tariff and nontariff measures that may affect U.S. SME exports to the UK.  The report includes suggestions from SMEs and relevant literature for actions that would help address some of the identified barriers and enhance the participation of U.S. SMEs in U.S.-UK trade.

Main Findings:

  • SMEs believe they are particularly affected by a number of specific crosscutting trade-related barriers imposed by a European Union (EU) or UK government law or policy; these include tariffs and taxes, customs procedures, intellectual property measures, and temporary entry provisions.  Further, SMEs noted various market-related barriers that they perceive as affecting their ability to export to the UK market, including logistical and finance-related issues, and difficulties in entering or participating in the UK market.

  • Standards, technical regulations, and conformity assessment procedures are most often cited by SMEs as limiting their exports to the UK.  The most frequently cited SME concern is that the UK often does not recognize the standards set by U.S. standards bodies, which forces many U.S. firms to seek dual U.S. and UK certifications before they can export their products.

  • SMEs producing manufactured goods reportedly face numerous regulatory measures related to standards and regulations, which include labeling, licensing, and certification.  U.S. agrifood SMEs also identified a variety of nontariff barriers that they face in the UK with respect to labeling requirements, sanitary and phytosanitary (SPS) requirements, geographical indications and wine names, packaging rules, food safety requirements, and certifications.

  • There are limited trade-related barriers for U.S. service exports to the UK.  However, the largest hardships U.S. SMEs engaged in the professional services industry say they face are temporary entry provisions, and licensing and credential issues. SMEs that export computer services reportedly encounter issues related to data protection and privacy laws, cybersecurity, and customs requirements.

Thursday, April 18, 2019

WTO Boeing dispute: EU issues preliminary list of U.S. products considered for countermeasures

The European Commission yesterday launched a public consultation on a preliminary list of products from the United States on which the European Union may take countermeasures in the context of the ongoing Boeing dispute at the World Trade Organization (WTO). The public consultation will last until 31 May 2019. Four tariff lines relating to cotton are on the list:
  • 52010090 cotton, neither carded nor combed (excl. rendered absorbent or bleached),
  • 52029100 garnetted stock of cotton,
  • 52029900 cotton waste (excl. yarn waste, thread waste and garnetted stock), and
  • 52030000 cotton, carded or combed.

Additionally, the list includes textile bandages and luggage and travel goods with a textile exterior.

READ MORE HERE

Friday, April 12, 2019

U.S. Proposed Retaliatory Tariff of up to 100% on Certain Articles from the EU.

The United States Trade Representative is initiating an investigation to enforce U.S. rights in the World Trade Organization (WTO) dispute against the European Union (EU) and certain EU member States addressed to EU subsidies on large civil aircraft. The Trade Representative proposes determinations that the EU and certain member States have denied U.S. rights under the WTO Agreement and have failed to implement WTO Dispute Settlement Body recommendations. The Trade Representative proposes to take action in the form of additional duties, up to 100%, on certain products of the EU or certain member States.

May 6, 2019: Due date for submission of requests to appear at the public hearing and summary of testimony.

May 15, 2019: The Section 301 Committee will convene a public hearing in Washington, D.C.

May 28, 2019: Due date for submission of written comments, including post-hearing rebuttal comments.

Articles of EU Origin Proposed for Additional Tariffs of up to 100%

HTS SubheadingProduct Description
In the product descriptions, the abbreviation "nesoi" means "not elsewhere specified or included."
0303.57.00Swordfish steaks, other swordfish, excluding fillets, other meat portions, livers and roes.
0304.41.00Salmon fillets, fresh or chilled.
0304.42.00Trout, fillets, fresh or chilled.
0304.84.00Frozen swordfish fillets.
0306.14.20Crabmeat, frozen.
0306.14.40Crabs, cooked in shell or uncooked (whether in shell or not), dried, salted or in brine, frozen.
0306.19.00Crustaceans, nesoi (including flours, meals and pellets of crustaceans fit for human consumption), cooked in shell or uncooked, etc., frozen.
0403.10.50Yogurt, in dry form, whether or not flavored or containing add fruit or cocoa, not subject to gen nte 15 or add. US nte 10 to Ch.4.
0403.10.90Yogurt, not in dry form, whether or not flavored or containing add fruit or cocoa.
0405.10.10Butter subject to quota pursuant to chapter 4 additional US note 6.
0405.10.20Butter not subject to general note 15 and in excess of quota in chapter 4 additional U.S. note 6.
0406.10.28Fresh (unripened/uncured) cheddar cheese, cheese/subs for cheese cont or proc from cheddar cheese, not subj to Ch4 US note 18, not GN15.
0406.10.68Fresh (unripened/uncured) Swiss/ emmentaler cheeses exc eye formation, gruyere-process cheese and cheese cont or proc. from such, not subj.
0406.10.84Fresh cheese, and substitutes for cheese, cont. cow's milk, nesoi, o/0.5% by wt. of butterfat, descr in add US note 16 to Ch 4, not GN15.
0406.10.88Fresh cheese, and substitutes for cheese, cont. cow's milk, nesoi, o/0.5% by wt. of butterfat, not descr in add US note 16 to Ch 4, not GN 15.
0406.10.95Fresh cheese, and substitutes for cheese, not cont. cow's milk, nesoi, o/0.5% by wt. of butterfat.
0406.20.10Roquefort cheese, grated or powdered.
0406.20.69Cheese containing or processed from american-type cheese (except cheddar), grated or powdered, subject to add US note 19 to Ch. 4.
0406.20.91Cheese (including mixtures), nesoi, o/ 0.5% by wt of butterfat, w/cow's milk, grated or powdered, not subject to add US note 16 to Ch. 4.
0406.30.05Stilton cheese, processed, not grated or powdered, subject to add US note 24 to Ch. 4.
0406.30.18Blue-veined cheese (except roquefort), processed, not grated or powdered, not subject to gen. note 15 or add. US note 17 to Ch. 4.
0406.30.28Cheddar cheese, processed, not grated or powdered, not subject to gen note 15 or in add US note 18 to Ch. 4.
0406.30.34Colby cheese, processed, not grated or powdered, subject to add US note 19 to Ch. 4.
0406.30.38Colby cheese, processed, not grated or powdered, not subject to gen note 15 or add US note 19 to Ch. 4.
0406.30.48Edam and gouda cheese, processed, not grated or powdered, not subject to gen note 15 or add. US note 20 to Ch. 4.
0406.30.53Gruyere-process cheese, processed, not grated or powdered, not subject to gen note 15 or add. US note 22 to Ch. 4.
0406.30.69Processed cheese cont/procd fr american- type cheese (ex cheddar), not grated/ powdered, subject to add US note 19 to Ch. 4, not GN15.
0406.30.89Processed cheese (incl. mixtures), nesoi, w/cow's milk, not grated or powdered, subject to add US note 16 to Ch. 4, not GN15.
0406.40.44Stilton cheese, nesoi, in original loaves, subject to add. US note 24 to Ch. 4.
0406.40.48Stilton cheese, nesoi, not in original loaves, subject to add. US note 24 to Ch. 4.
0406.90.08Cheddar cheese, nesoi, subject to add. US note 18 to Ch. 4.
0406.90.12Cheddar cheese, nesoi, not subject to gen. note 15 of the HTS or to add. US note 18 to Ch. 4.
0406.90.32Goya cheese from cow's milk, not in original loaves, nesoi, not subject to gen. note 15 or to add. US note 21 to Ch. 4.
0406.90.46Swiss or Emmentaler cheese with eye formation, nesoi, subject to add. US note 25 to Ch. 4.
0406.90.48Swiss or Emmentaler cheese with eye formation, nesoi, not subject to gen. note 15 or to add. US note 25 to Ch. 4.
0406.90.52Colby cheese, nesoi, subject to add. US note 19 to Ch. 4 and entered pursuant to its provisions.
0406.90.54Colby cheese, nesoi, not subject to gen. note 15 or to add. US note 19 to Ch. 4.
0406.90.56Cheeses, nesoi, from sheep's milk in original loaves and suitable for grating.
0406.90.57Pecorino cheese, from sheep's milk, in original loaves, not suitable for grating.
0406.90.72Cheeses & subst. for cheese (incl. mixt.), nesoi, w/or from blue-veined cheese, subj. to add. US note 17 to Ch.4, not GN15.
0406.90.74Cheeses & subst. for cheese (incl. mixt.), nesoi, w/or from blue-veined cheese, not subj. to add. US note 17 to Ch.4, not GN15.
0406.90.78Cheeses & subst. for cheese (incl. mixt.), nesoi, w/or from cheddar cheese, not subj. to add. US note 18 to Ch.4, not GN15.
0406.90.82Cheeses & subst. for cheese (incl. mixt.), nesoi, w/or from Am. cheese except cheddar, subj. to add. US note 19 to Ch.4, not GN15.
0406.90.86Cheeses & subst. for cheese (incl. mixt.), nesoi, w/or from edam or gouda cheese, subj. to add. US note 20 to Ch.4, not GN15.
0406.90.88Cheeses & subst. for cheese (incl. mixt.), nesoi, w/or from edam or gouda cheese, not subj. to add. US note 20 to Ch.4, not GN15.
0406.90.90Cheeses & subst. for cheese (incl. mixt.), nesoi, w/or from swiss, emmentaler or gruyere, subj. to add. US note 22 to Ch.4, not GN15.
0406.90.92Cheeses & subst. for cheese (incl. mixt.), nesoi, w/or from swiss, emmentaler or gruyere, not subj. Ch4 US note 22, not GN15.
0406.90.94Cheeses & subst. for cheese (incl. mixt.), nesoi, w/butterfat n/o 0.5% by wt, not subject to add. US note 23 to Ch. 4, not GN15.
0406.90.95Cheeses & subst. for cheese (incl. mixt.), nesoi, w/cow's milk, w/butterfat o/0.5% by wt, subject to Ch 4 US note 16 (quota).
0406.90.97Cheeses & subst. for cheese (incl. mixt.), nesoi, w/cow's milk, w/butterfat o/0.5% by wt, not subject to Ch4 US note 16, not GN15.
0406.90.99Cheeses & subst. for cheese (incl. mixt.), nesoi, w/o cow's milk, w/ butterfat o/0.5% by wt, not GN15.
0805.10.00Oranges, fresh or dried.
0805.21.00Mandarins and other similar citrus hybrids including tangerines, satsumas, clementines, wilkings, fresh or dried.
0805.22.00Clementines, fresh or dried, other.
0805.29.00Wilkings and similar citrus hybrids, fresh or dried, other.
0805.40.80Grapefruit, fresh or dried, if entered during the period November 1 through the following July 31, inclusive.
0805.50.20Lemons, fresh or dried.
0805.50.30Tahitian lines, Persian limes and other limes of the Citrus latifolia variety, fresh or dried.
0805.50.40Limes of the Citrus aurantifolia variety, fresh or dried.
0805.90.01Citrus fruit, not elsewhere specified or included, fresh or dried, including kumquats, citrons and bergamots.
1509.10.20Virgin olive oil and its fractions, whether or not refined, not chemically modified, weighing with the immediate container under 18 kg.
1509.10.40Virgin olive oil and its fractions, whether or not refined, not chemically modified, weighing with the immediate container 18 kg or over.
1509.90.20Olive oil, other than virgin olive oil, and its fractions, not chemically modified, weighing with the immediate container under 18 kg.
1509.90.40Olive oil, other than virgin olive oil, and its fractions, not chemically modified, weighing with the immediate container 18 kg or over.
1604.11.40Prepared or preserved salmon, whole or in pieces, but not minced, other than in oil and in airtight containers.
1604.12.60Herrings prepared or preserved, whole or in pieces, but not minced, nesoi.
1605.30.10Lobster, prepared or preserved, not containing fish meat, nesoi.
1605.51.05Oysters, fish meat or prepared meals.
1605.51.40Smoked oysters.
1605.51.50Oysters, prepared or preserved, but not smoked.
1605.52.05Scallops, including queen scallops as containing fish meat; prepared meals.
1605.52.60Scallops, including queen scallops, prepared or preserved.
1605.53.05Mussels, containing fish meats or in prepared meals.
1605.53.60Mussels, prepared or preserved.
1605.54.05Cuttle fish and squid, as containing fish meat; prepared meals.
1605.54.60Cuttle fish and squid, prepared or preserved.
1605.55.05Octopus, as containing fish meat or prepared meals.
1605.55.60Octopus, prepared or preserved.
1605.56.05Products of clams, cockles, and arkshells containing fish meat; prepared meals.
1605.56.10Razor clams, in airtight containers, prepared or preserved, nesoi.
1605.56.15Boiled clams in immediate airtight containers, the contents of which do not exceed 680 g gross weight.
1605.56.20Clams, prepared or preserved, excluding boiled clams, in immediate airtight containers, nesoi.
1605.56.30Clams, prepared or preserved, other than in airtight containers.
1605.56.60Cockles and arkshells, prepared or preserved.
1605.57.05Products of abalone containing fish meat; prepared meals of abalone.
1605.57.60Abalone, prepared or preserved.
1605.58.05Products of snails, other than sea snails, containing fish meat; prepared meals of snails other than sea snails.
1605.58.55Prepared or preserved snails, other than sea snails.
1605.59.05Products of molluscs nesoi containing fish meat; prepared meals of molluscs nesoi.
1605.59.60Molluscs nesoi, prepared or preserved.
1905.31.00Sweet biscuits.
2005.70.08Olives, green, not pitted, in saline, not ripe, in containers holding o/8 kg for repkg, not subject to add. US note 4 to Ch. 20.
2005.70.16Olives, green, in saline, place packed, stuffed, in containers holding n/o 1 kg, aggregate quantity n/o 2700 m ton/yr.
2005.70.23Olives, green, in saline, place packed, stuffed, not in containers holding 1 kg or less.
2005.70.25Olives, green, in a saline solution, pitted or stuffed, not place packed.
2007.99.15Currant and other berry jams, nesoi.
2007.99.20Apricot jam.
2007.99.25Cherry jam.
2007.99.30Guava jam.
2007.99.35Peach jam.
2007.99.40Pineapple jam.
2007.99.45Jams, nesoi.
2007.99.48Apple, quince and pear pastes and purees, being cooked preparations.
2007.99.50Guava and mango pastes and purees, being cooked preparations.
2007.99.55Papaya pastes and purees, being cooked preparations.
2007.99.60Strawberry pastes and purees, being cooked preparations.
2007.99.65Fruit pastes and purees, nesoi, and nut pastes and purees, being cooked preparations.
2007.99.70Currant and berry fruit jellies.
2009.89.20Pear juice, concentrated or not concentrated.
2009.89.40Prune juice, concentrated or not concentrated.
2009.89.80Juice of any single vegetable, other than tomato, concentrated or not concentrated.
2201.90.00Waters (incl. ice, snow and steam), ot/ than mineral waters or aerated waters, not cont. added sugar or other sweetening matter nor flavored.
2202.91.00Nonalcoholic beer.
2202.99.10Chocolate milk drink.
2202.99.36Juice of any single fruit or vegetable (except orange juice) fortified with vitamins or minerals, in nonconcentrated form.
2202.99.37Fruit or vegetable juices, fortified with vitamins or minerals, mixtures of juices in non-concentrated form.
2204.10.00Sparkling wine, made from grapes.
2204.21.20Effervescent grape wine, in containers holding 2 liters or less.
2204.21.30Tokay wine (not carbonated) not over 14% alcohol, in containers not over 2 liters.
2204.21.50Wine other than Tokay (not carbonated), not over 14% alcohol, in containers not over 2 liters.
2204.21.60``Marsala'' wine, over 14% vol. alcohol, in containers holding 2 liters or less.
2204.21.80Grape wine, other than ``Marsala``, not sparkling or effervescent, over 14% vol. alcohol, in containers holding 2 liters or less.
2204.22.20Wine of fresh grapes, other than sparkling wine, of an alcoholic strength by volume <=14% in containers holding over 2 liters but not over 4 liters.
2204.22.40Wine of fresh grapes, other than sparkling wine, of an alcoholic strength by volume >14% in containers holding over 2 liters but not over 4 liters.
2204.22.60Wine of fresh grapes, other than sparkling wine, of an alcoholic strength by volume <=14% in containers holding over 4 liters but not over 10 liters.
2204.22.80Wine of fresh grapes, other than sparkling wine, of an alcoholic strength by volume >14% in containers holding over 4 liters but not over 10 liters.
2204.29.61Wine of fresh grapes, other than sparkling wine, of an alcoholic strength by volume <=14% in containers holding >10 liters.
2204.29.81Wine of fresh grapes, other than sparkling wine, of an alcoholic strength by volume >14% in containers holding >10 liters.
2204.30.00Grape must, nesoi, in fermentation or with fermentation arrested otherwise than by addition of alcohol.
2208.20.20Grape brandy, excluding pisco and singani, in containers not over 4 liters, not over $2.38/liter.
2208.20.30Grape brandy, excluding pisco and singani, in containers not over 4 liters, valued over $2.38 to $3.43/ liter.
2208.20.40Grape brandy, excluding pisco and singani, in containers not over 4 liters, valued over $3.43/liter.
2208.20.50Grape brandy, excluding pisco and singani, in containers over 4 liters, not over $2.38/liter.
2208.20.60Grape brandy, excluding pisco and singani, in containers over 4 liters, over $2.38/liter.
2208.70.00Liqueurs and cordials.
3301.12.00Essential oils of orange.
3301.13.00Essential oils of lemon.
3301.19.10Essential oils of grapefruit.
3301.19.51Essential oils of citrus fruit, other, nesoi.
3301.24.00Essential oils of peppermint (Mentha piperita).
3301.25.00Essential oils of mints, other than peppermint.
3301.29.10Essential oils of eucalyptus.
3301.29.20Essential oils of orris.
3301.29.51Essential oils other than those of citrus fruit, other, nesoi.
3301.30.00Resinoids.
3301.90.10Extracted oleoresins consisting essentially of nonvolatile components of the natural raw plant.
3301.90.50Concentrates of essential oils; terpenic by-product of the deterpenation of essential oils; aqueous distillates & solutions of essential oils.
4202.21.90Handbags, with or without shoulder strap or without handle, with outer surface of leather, composition or patent leather, nesoi, over $20 ea.
4417.00.80Wooden tools, tool bodies, tool handles, broom or brush bodies and handles nesoi; wooden boot or shoe lasts and trees.
4807.00.92Composite cloth-lined or reinforced paper, not surface-coated or impregnated, in rolls or sheets.
4809.90.40Simplex decalcomania paper in rolls over 36 cm wide or in rectangular sheets over 36 cm on side(s).
4810.14.19Paper and paperboard for graphic use nesoi, coated w/inorganic, n/o 150g/m2, n/o 10% fiber by mechanical/chemi- process, certain size sheets.
4901.10.00Printed books, brochures, leaflets and similar printed matter in single sheets, whether or not folded.
4908.10.00Transfers (decalcomanias), vitrifiable.
4911.91.20Lithographs on paper or paperboard, not over 0.51 mm in thickness, printed not over 20 years at time of importation.
4911.91.30Lithographs on paper or paperboard, over 0.51 mm in thickness, printed not over 20 years at time of importation.
4911.91.40Pictures, designs and photographs, excluding lithographs on paper or paperboard, printed not over 20 years at time of importation.
5205.31.00Multiple or cabled cotton yarn, 85% or more cotton by weight, of uncombed fibers, n/o 14 nm per single yarn, not put up for retail sale.
5206.32.00Multiple or cabled cotton yarn, <85% cotton by weight, of uncombed fibers, over 14 but n/o 43 nm/single yarn, not put up for retail sale.
5208.13.00Unbleached 3- or 4-thread twill fabrics of cotton, incl. cross twill, containing 85% or more of cotton by weight, weighing not over 200 g/m2.
5402.11.30Single high tenacity yarn of aramids, not put up for retail sale.
5402.11.60Multiple (folded) or cabled high tenacity yarn (except sewing thread) of aramids, not put up for retail sale.
5402.20.30Single high tenacity yarn of polyesters, not put up for retail sale.
5503.20.00Synthetic staple fibers, not carded, combed or otherwise processed for spinning, of polyesters.
5605.00.90Metalized textile yarn nesoi, of man-made monofilament or strip or the like, other than ungimped or w/twist of <5 turns per meter.
5609.00.10Articles of yarn, strip, twine, cordage, rope or cables nesoi, of cotton.
5609.00.20Articles of yarn, strip, twine, cordage, rope or cables nesoi, of vegetable fibers except cotton.
5609.00.30Articles of yarn, strip, twine, cordage, rope or cables nesoi, of man-made fibers.
5609.00.40Articles of yarn, strip or the like of man-made monofilaments, twine, cordage, rope or cables, nesoi.
5701.10.16Carpets & other textile floor coverings, hand-knotted or hand-inserted, w/ov 50% by weight of the pile of fine animal hair, nesoi.
5701.10.40Carpets and other textile floor coverings, of wool or fine animal hair, hand-hooked (tufts were inserted and knotted by hand or hand tool).
5701.10.90Carpets and other textile floor coverings, of wool or fine animal hair, not hand-hooked, not hand knotted during weaving.
5702.10.90``Kelem``, ``Schumacks``, ``Karamanie'' and similar hand-woven rugs, other than certified hand-loomed and folklore products.
5702.41.20Carpets and other textile floor coverings of pile construction, woven, not tufted or flocked, made up, of wool or fine animal hair, nesoi.
5702.42.10Wilton, velvet and like floor coverings of pile construction, woven, not tufted or flocked, made up, of man-made textile materials.
5702.92.10Hand-loomed carpet & other textile floor coverings, not of pile construction, woven, made up, of man-made textile materials, nesoi.
5703.10.20Hand-hooked carpets and other textile floor coverings, tufted, whether or not made up, of wool or fine animal hair.
5805.00.30Hand-woven tapestries nesoi and needle- worked tapestries, of cotton.
5805.00.40Hand-woven tapestries nesoi and needle- worked tapestries, other than of cotton, wool or fine animal hair.
5806.10.24Narrow woven pile fastener fabric tapes (other than goods of heading 5807) of man-made fibers.
5907.00.05Laminated fabrics specified in note 9 to sect. XI of HTS, of m-m fiber, for theatrical, ballet, & operatic scenery & properties, incl sets.
5911.10.10Printers' rubberized blankets of textile fabrics.
6110.11.00Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, of wool.
6110.12.10Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, of Kashmir goats, wholly of cashmere.
6110.20.20Sweaters, pullovers and similar articles, knitted or crocheted, of cotton, nesoi.
6110.30.30Sweaters, pullovers and similar articles, knitted or crocheted, of manmade fibers, nesoi.
6112.20.20Ski-suits, knitted or crocheted, of textile materials other than man-made fibers.
6202.99.15Rec perf outwear, women's/girls' anoraks, wind-breakers & similar articles, not k/ c, tex mats (not wool, cotton or mmf), cont <70% by wt of silk.
6202.99.80Women's/girls' anoraks, wind-breakers & similar articles, not k/c, of tex mats (not wool, cotton or mmf), cont <70% by wt of silk.
6203.11.60Men's or boys' suits of wool, not knitted or crocheted, nesoi, of wool yarn with average fiber diameter of 18.5 micron or less.
6203.11.90Men's or boys' suits of wool or fine animal hair, not knitted or crocheted, nesoi.
6203.19.30Men's or boys' suits, of artificial fibers, nesoi, not knitted or crocheted.
6203.19.90Men's or boys' suits, of textile mats (except wool, cotton or mmf), containing under 70% by weight of silk or silk waste, not knit or croch.
6208.21.00Women's or girls' nightdresses and pajamas, not knitted or crocheted, of cotton.
6211.12.40Women's or girls' swimwear, of textile materials (except mmf), containing 70% or more by weight of silk or silk waste, not knit or crocheted.
6211.12.80Women's or girls' swimwear, of textile materials (except mmf), containing under 70% by weight of silk or silk waste, not knit or crocheted.
6301.30.00Blankets (other than electric blankets) and traveling rugs, of cotton.
6301.90.00Blankets and traveling rugs, nesoi.
6302.21.50Bed linen, not knit or crocheted, printed, of cotton, cont any embroidery, lace, braid, edging, trimming, piping or applique work, n/napped.
6302.21.90Bed linen, not knit or croc, printed, of cotton, not cont any embroidery, lace, braid, edging, trimming, piping or applique work, not napped.
6802.10.00Tiles/cubes/similar arts. of natural stone, enclosable in a sq. w/a side less than 7 cm; artificially colored granules, chippings & powder.
6802.91.20Monumental or building stone & arts. thereof, of travertine, dressed or polished but not further worked, nesoi.
6802.91.25Monumental or building stone & arts. thereof, of travertine, further worked than dressed or polished, nesoi.
6802.93.00Monumental or building stone & arts. thereof, of granite, further worked than simply cut/sawn, nesoi.
6802.99.00Monumental or building stone & arts. thereof, nesoi, further worked than simply cut/sawn, nesoi.
6803.00.50Worked slate (other than roofing slate) and articles of slate or agglomerated slate.
6810.99.00Articles of cement (other than tiles, flagstones, bricks and similar arts.), of concrete or artificial stone, nesoi.
6907.21.30Glazed ceramic tiles having surface area <38.7cm2, surf area in sq w/side <7cm, of H2O absorp coeff by wt <=0.5%.
6912.00.35Ceramic (o/than porcelain or china) household table and kitchenware, in sets in which aggregate val. of arts./US note 6(b) n/o $38.
6912.00.39Ceramic (o/than porcelain or china) household table and kitchenware, in sets in which aggregate val. of arts./US note 6(b) o/$38.
6912.00.41Ceramic (o/than porcelain or china) hsehld steins w/pewter lids, decanters, punch bowls, spoons & rests, salt/pepper sets, etc.
6912.00.44Ceramic (o/than porcelain or china) household mugs and steins w/o attached pewter lids.
6912.00.45Ceramic (o/than porcelain or china) household tabl/kitch.ware,n/in specif. sets, cups o/$5.25/dz, saucers o/$3/dz, etc.
6912.00.46Ceramic (o/than porcelain or china) household serviette rings.
6912.00.48Ceramic (o/than porcelain or china) household tableware and kitchenware, nesoi.
6912.00.50Ceramic (o/than porcelain or china) household articles and toilet articles (o/than table and kitchenware), nesoi.
6913.90.30Earthenware ornamental articles, having a reddish-colored body and a lustrous glaze of differing colors.
6913.90.50Ceramic (o/than porcelain, china or earthenware) ornamental articles, nesoi.
7013.28.10Stemware, o/than of pressed and toughened glass, o/than lead crystal, valued n/ over $0.30 each.
7013.41.10Glassware for table or kitchen purposes (o/than drinking glasses), of lead crystal, valued n/over $1 each.
7013.91.10Glassware for toilet/office/indoor decor. & similar purposes, of lead crystal, valued n/over $1 each.
7013.91.20Glassware for toilet/office/indoor decor. & similar purposes, of lead crystal, valued over $1 but n/over $3 each.
7016.90.10Paving blocks, slabs, bricks, squares, tiles & other arts. of pressed or molded glass, for building or construction purposes.
7017.10.60Laboratory, hygienic or pharmaceutical glassware, whether or not calibrated or graduated, of fused quartz or other fused silica, nesoi.
7019.19.05Fiberglass rubber reinforcing yarn, not color, of electrically nonconductive continuous filament 9 to 11 microns diam & impreg for adhesion to.
7019.19.15Glass fiber yarns, not colored, other than fiberglass rubber reinforcing yarn.
7019.19.28Glass fiber yarns, colored, other than fiberglass rubber reinforcing yarn.
7019.19.30Glass fiber chopped strands of a length more than 50 mm.
7110.21.00Palladium, unwrought or in powder form.
7114.11.60Articles of silver nesoi, for household, table or kitchen use, toilet and sanitary wares, including parts thereof.
7115.90.40Silver (including metal clad with silver) articles (o/than jewelry or silversmiths' wares), nesoi.
7115.90.60Articles of precious metal (o/than gold or silver), including metal clad with precious metal, nesoi.
7202.11.10Ferromanganese containing by weight more than 2 percent but not more than 4 percent of carbon.
7202.11.50Ferromanganese containing by weight more than 4 percent of carbon.
7202.30.00Ferrosilicon manganese.
7202.49.10Ferrochromium containing by weight more than 3 percent but not more than 4 percent of carbon.
7202.49.50Ferrochromium containing by weight 3 percent or less of carbon.
7202.93.80Ferroniobium, nesoi.
7311.00.00Iron/steel, containers for compressed or liquefied gas.
7315.19.00Iron or steel, parts of articulated link chain.
7317.00.10Iron or steel, thumb tacks.
7317.00.20Iron or steel, nails, tacks, corrugated nails, staples & similar arts., not threaded, suitable for use in powder- actuated hand tools.
7317.00.55Iron or steel, nails, tacks, corrugated nails, staples & similar arts., of one piece construction, made of round wire, nesoi.
7317.00.65Iron or steel, nails, tacks, corrugated nails, staples & similar arts., of one piece construction, not made of round wire, nesoi.
7317.00.75Iron or steel, nails, tacks, corrugated nails, staples & similar arts., of two or more pieces, nesoi.
7319.90.90Iron or steel, knitting needles, bodkins, crochet hooks, embroidery stilettos and similar articles for use in the hand.
7408.21.00Copper-zinc base alloys (brass), wire.
7408.29.10Copper alloys (o/than brass, cupro-nickel or nickel-silver), wire, coated or plated with metal.
7411.22.00Copper-nickel base alloys (cupro-nickel) or copper-nickel-zinc base alloys (nickel-silver), tubes and pipes.
7418.10.00Copper & copper alloy table, kitchen, household articles & parts; pot scourers, scouring & polishing pads, gloves, etc.
7506.20.05Nickel alloy, foil, w/thickness not over 0.15 mm.
7907.00.10Zinc, household, table or kitchen use articles; zinc toilet and sanitary wares; zinc parts of all the foregoing.
7907.00.20Zinc, tubes or pipes and fittings for tubes or pipes.
7907.00.60Zinc, articles (o/than for household, table or kitchen use), nesoi.
8112.92.40Niobium (columbium), unwrought; niobium powders.
8112.92.50Rhenium, unwrought; rhenium powders.
8112.99.20Vanadium, nesoi, and articles thereof.
8201.40.60Axes, bill hooks and similar hewing tools (o/than machetes), and base metal parts thereof.
8203.20.20Base metal tweezers.
8203.20.40Slip joint pliers.
8203.20.60Pliers (including cutting pliers but not slip joint pliers), pincers and similar tools.
8203.30.00Metal cutting shears and similar tools, and base metal parts thereof.
8203.40.60Pipe cutters, bolt cutters, perforating punches and similar tools, nesoi, and base metal parts thereof.
8205.40.00Screwdrivers and base metal parts thereof.
8211.10.00Sets of assorted knives w/cutting blades serrated or not (including pruning knives).
8211.91.25Table knives w/fixed blades, w/stain. steel handles cont. Ni or ov 10% by wt of Mn, nesoi.
8211.91.30Table knives w/fixed blades, w/stain. steel handles, nesoi, not ov 25.9 cm in overall length & val less than 25 cents each.
8211.91.40Table knives w/fixed blades, w/stain. steel handles, nesoi.
8211.91.80Table knives w/fixed blades, w/handles other than of silver-plate, stainless steel, rubber or plastics.
8211.92.40Knives w/fixed blades (o/than table or kitchen and butcher knives), with rubber or plastic handles.
8211.92.60Hunting knives w/fixed blades, with wood handles.
8211.92.90Knives w/fixed blades (o/than table knives, other knives w/rubb./plast. handles, or hunting knives w/wood handles).
8211.93.00Knives having other than fixed blades.
8211.94.50Base metal blades for knives having other than fixed blades.
8214.90.30Butchers' or kitchen cleavers with their handles, nesoi, and base metal parts thereof.
8214.90.60Butchers' or kitchen chopping or mincing knives (o/than cleavers w/their handles), and base metal parts thereof.
8214.90.90Articles of cutlery, nesoi, and base metal parts of cutlery, nesoi.
8306.30.00Base metal photograph, picture or similar frames; base metal mirrors; base metal parts thereof.
8429.52.10Self-propelled backhoes, shovels, clamshells and draglines with a 360 degree revolving superstructure.
8429.52.50Self-propelled machinery with a 360 degree revolving superstructure, other than backhoes, shovels, clamshells and draglines.
8467.19.10Tools for working in the hand, pneumatic, other than rotary type, suitable for metal working.
8467.19.50Tools for working in the hand, pneumatic, other than rotary type, other than suitable for metal working.
8467.29.00Electromechanical tools for working in the hand, other than drills or saws, with self-contained electric motor.
8468.80.10Machinery and apparatus, hand-directed or -controlled, used for soldering, brazing or welding, not gas-operated.
8468.90.10Parts of hand-directed or -controlled machinery, apparatus and appliances used for soldering, brazing, welding or tempering.
8505.11.00Permanent magnets and articles intended to become permanent magnets after magnetization, of metal.
8514.20.40Industrial or laboratory microwave ovens for making hot drinks or for cooking or heating food.
8539.10.00Sealed beam lamp units.
8711.40.30Motorcycles (incl. mopeds) and cycles, fitted w/recip. internal-combustion piston engine w/capacity o/500 cc but n/ o 700 cc.
8714.10.00Pts. & access. for motorcycles (including mopeds).
8714.93.05Pts. & access. for bicycles & o/cycles, aluminum alloy hubs, w/hollow axle and lever-operated quick release mechanism.
8714.93.15Pts. & access. for bicycles & o/cycles, 3- speed hubs nesoi.
8714.93.35Pts. & access. for bicycles & o/cycles, non-variable speed hubs, nesoi.
8714.93.70Pts. & access. for bicycles & o/cycles, free-wheel sprocket-wheels.
9001.90.50Prisms, unmounted.
9001.90.80Half-tone screens designed for use in engraving or photographic processes, unmounted.
9002.11.40Projection lenses, mounted, and parts and accessories therefor, for cameras, projectors or photographic enlargers or reducers.
9002.11.60Mounted objective lenses for use in closed circuit television cameras, separately imported, w/or w/o attached elec. connectors or motors.
9002.11.90Objective lenses and parts & access. thereof, for cameras, projectors, or photographic enlargers or reducers, except projection, nesoi.
9002.90.85Mounted lenses, n/obj., for use in closed circuit television cameras, separately imported, w/or w/o attached elec. connectors or motors.
9005.10.00Binoculars.
9006.61.00Photographic discharge lamp (``electronic'') flashlight apparatus.
9013.10.10Telescopic sights for rifles not designed for use with infrared light.
9013.10.50Other telescopic sights for arms other than rifles; periscopes.
9015.30.80Levels, other than electrical.
9016.00.20Electrical balances of a sensitivity of 5 cg or better, with or without weights, and parts and accessories thereof.
9016.00.40Jewelers' balances (nonelectrical) of a sensitivity of 5 cg or better, with or without weights, and parts and accessories thereof.
9030.20.10Oscilloscopes and oscillographs, nesoi.
9105.29.10Wall clocks nesoi, not electrically operated, mvmt measuring n/o 50 mm, not designed or constr. to operate over 47 hrs without rewinding.
9105.29.30Wall clocks nesoi, not electrically operated, mvmt measuring n/o 50 mm, ov 1 jewel, constructed/designed to operate ov 47 hrs w/o rewinding.
9105.29.40Wall clocks nesoi, not electrically operated, movement measuring over 50 mm in width or diameter, valued not over $5 each.
9105.29.50Wall clocks nesoi, not electrically operated, movement measuring over 50 mm in width or diameter, valued over $5 each.
9106.10.00Time registers; time recorders.
9109.90.20Clock movements, complete and assembled, not electrically operated, measuring not over 50 mm in width or diameter.
9110.90.40Incomplete clock movements consisting of 2 or more pieces or parts fastened or joined together.
9603.30.40Artists' brushes, writing brushes and similar brushes for the application of cosmetics, valued o/5 cents but n/o 10 cents each.
9603.30.60Artists' brushes, writing brushes and similar brushes for the application of cosmetics, valued o/10 cents each.

In addition to the above list, which applies to goods originating in any of the 28 member states of the EU, the U.S. is also proposing additional tariffs on certain aircraft and aircraft parts from the following four member States of the European Union: France, Germany, Spain or the United Kingdom.

Background

A. Dispute Settlement Proceedings

On October 6, 2004, the United States requested WTO dispute settlement consultations with the European Communities (now the EU), France, Germany, Spain, and the United Kingdom (certain member States) concerning certain subsidies granted by the EU and certain member States to the EU large civil aircraft domestic industry, on the basis that the subsidies appeared to be inconsistent with their obligations under the General Agreement on Tariffs and Trade 1994 (GATT 1994) and the Agreement on Subsidies and Countervailing Measures (SCM Agreement).

Further information on this dispute--EC and Certain member States-- Measures Affecting Trade in Large Civil Aircraft (DS316), including the original panel and appellate reports and the compliance panel and appellate reports adopted by the DSB, is publicly available on the WTO website, including at the following page: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds316_e.htm.

On May 31, 2005, the United States requested the establishment of a dispute settlement panel. USTR provided notice of the establishment of the panel and invited comments from the public concerning the issues raised in the dispute. See 70 FR 35496.

In May 2011, a WTO panel report, as amended by an Appellate Body report, confirmed that EU and certain member State subsidies on the manufacture of large civil aircraft breached the EU's obligations under the SCM Agreement. The Dispute Settlement Body (DSB) adopted the reports on June 1, 2011, and recommended that the EU and certain member States bring the WTO-inconsistent measures into compliance with WTO rules. The EU and certain member States had until December 1, 2011, to bring the measures into compliance.

On December 1, 2011, the EU asserted that it had implemented the DSB recommendations. The United States did not agree, and requested authorization from the DSB to impose countermeasures commensurate with the adverse effects of the WTO-inconsistent measures. The EU referred the matter to arbitration to assess the proper level of any countermeasures.

In early 2012, the United States and the EU entered into a procedural agreement pursuant to which the arbitration would be suspended until after WTO compliance panel and any appellate proceedings determined whether the EU had implemented the DSB recommendations. On May 28, 2018, the DSB adopted compliance panel and Appellate Body reports confirming that launch aid to the Airbus A380 and A350 XWB aircraft continued to cause WTO-inconsistent adverse effects to U.S. interests.

At the request of the United States, and in accordance with the procedural agreement, on July 13, 2018, the WTO Arbitrator resumed its work in determining the level of countermeasures to be authorized as a result of the WTO inconsistencies. USTR anticipates that the WTO Arbitrator will issue its report regarding the level of countermeasures in the summer of 2019.

B. Initiation of Investigation

Section 302(b) of the Trade Act of 1974, as amended, authorizes the Trade Representative to initiate an investigation to determine whether conduct is actionable under section 301 of the Trade Act. Actionable conduct under section 301(a) includes, inter alia, the denial of rights of the United States under any trade agreement.

In order to enforce U.S. WTO rights in connection with the Large Civil Aircraft dispute, the Trade Representative is initiating a section 301 investigation of the subsidies provided by the EU and certain member States on the manufacture of large civil aircraft. Prior to initiation, USTR consulted with the interagency Section 301 Committee and the appropriate advisory committee.

Section 303 of the Trade Act calls for the Trade Representative to request consultations with the foreign country subject to the investigation. USTR requested consultations with the EU and certain member States upon the initiation of the dispute settlement proceedings in October 2004. USTR again requested consultations with the EU and certain member States in April 2012, upon initiation of the WTO compliance proceeding. Neither set of consultations resolved the dispute. USTR remains open to discussing these matters with the EU and certain member States.

C. Proposed Determinations

The Trade Representative proposes to determine, in accordance with the outcome of the WTO dispute settlement proceedings, that the EU and certain member States have breached their WTO obligations by providing subsidies on the manufacture of large civil aircraft and by failing to withdraw the subsidies or remove their adverse effects. In particular, under section 301(a), section 304(a)(1)(A), and section 306(b)(2), the Trade Representative proposes to determine that the EU and certain member States have denied U.S. rights under the WTO Agreement, and in particular, under Articles 5 and 6.3 of the SCM Agreement, and have failed to comply with the DSB recommendations to bring the WTO- inconsistent subsidies into compliance with WTO obligations.

Upon determining that U.S. rights under a trade agreement are being denied, section 301(a) provides that the Trade Representative shall take all appropriate and feasible action authorized under section 301(c), subject to the specific direction, if any, of the President regarding such action, and all other appropriate and feasible action within the power of the President that the President may direct the Trade Representative to take to enforce such rights. Pursuant to sections 301(a), 301(c), 304(a)(1)(B), and 306(b)(2), the Trade Representative proposes that appropriate action would include the imposition of additional ad valorem duties of up to 100 percent on products of the EU or certain member States, to be drawn from the preliminary list of HTS numbers in the attached Annex. In accordance with section 306(b)(2) of the Trade Act, the Annex includes reciprocal goods of the affected industry. The final list of products subject to increased duties will take into account the report of the Arbitrator on the appropriate level of countermeasures to be authorized by the WTO.

The list contains 317 tariff subheadings and 9 Harmonized Tariff Schedule statistical reporting numbers being considered for additional duties. The value of the list is approximately $21 billion in terms of the estimated import trade value for calendar year 2018. The products listed in Section 1 of the Annex are being considered for additional duties if they are the product of Germany, France, the United Kingdom, or Spain. The products listed in Section 2 of the Annex are being considered for additional duties if they are the product of any of the 28 member States of the EU.

D. Request for Public Comments

In accordance with sections 304(b) and 306(c), USTR invites comments from interested persons with respect to the proposed determination and proposed action. USTR invites comments with respect to any aspect of the proposed action, including:

The specific products to be subject to increased duties, including whether products listed in the Annex should be retained or removed, or whether products not currently on the list should be added.

The level of the increase, if any, in the rate of duty.

The appropriate aggregate level of trade to be covered by additional duties.

Whether increased duties on particular products might have an adverse effect upon U.S. stakeholders, including small businesses and consumers.

Thursday, January 31, 2019

Guide to Restrictions under Regulation (EU) 2018/1513 to control certain carcinogenic, mutagenic or reprotoxic (CMR) substances in textiles and clothing will be effective November 1, 2020.

The European Union has released EXPLANATORY GUIDE ON THE RESTRICTION ON CMRs 1A and 1B IN TEXTILES AND CLOTHING. Restrictions under Regulation (EU) 2018/1513 to control certain carcinogenic, mutagenic or reprotoxic (CMR) category 1A or 1B substances in textiles and clothing will be effective after November 1, 2020. The guide provides lists of articles covered and not covered by the restriction, as well as available analytical methods for determining CMR substance levels.

According to the guide:

"Information from public authorities and stakeholders' reports indicate the potential for consumers to be exposed to CMR substances present in clothing and related accessories, other textiles or footwear through contact with the skin or through inhalation. These products are widely available for use by consumers, including in a private capacity or when using a product within the context of a service provided to the general public (for example bedlinen in a hospital or upholstery in a public library). Therefore, in order to minimise such consumer exposure, the placing on the market of CMR substances in clothing and related accessories (including, inter alia, sportswear and bags), or footwear for use by consumers should be prohibited where the CMR substances are present in concentrations above a certain level. For the same reason, this restriction should also cover the situation where CMR substances are present in those concentrations in other textiles that come into contact with human skin to an extent that is similar to clothing (for example, bedlinen, blankets, upholstery or reusable nappies). "

Thursday, January 10, 2019

Joint Statement of the Trilateral Meeting of the Trade Ministers of the European Union, Japan and the United States

Mrs. Cecilia Malmström, European Commissioner for Trade, Mr. Hiroshige Seko, Minister of Economy, Trade and Industry of Japan, and Ambassador Robert E. Lighthizer, United States Trade Representative, met in Washington, D.C. on 9 January 2019 and issued the following statement --

The Ministers advanced discussions on their shared objective to address non market-oriented policies and practices of third countries that lead to severe overcapacity, create unfair competitive conditions for their workers and businesses, hinder the development and use of innovative technologies, and undermine the proper functioning of international trade, including where existing rules are not effective.

They reiterated their concerns, reviewed ongoing work, and agreed to deepen their cooperation in all areas covered by the Ministerial Statements issued in New York and Paris, including nonmarket policies and practices, market-oriented conditions, industrial subsidies and state-owned enterprises, forced technology transfer policies and practices, WTO reform and digital trade and e-commerce.

today's meeting, the Ministers discussed in particular:

concerns with non-market oriented policies and practices, Ministers took stock of the intensification of the exchange of information between them, the identification of additional criteria indicating market-oriented conditions, and confirmed that market-oriented conditions are fundamental to a fair, mutually advantageous global trading system and that their citizens and businesses operate under market-oriented conditions. The Ministers also confirmed their commitment to continue working together to maintain the effectiveness of existing WTO disciplines, including through ongoing WTO disputes.

industrial subsidies, Ministers instructed their staff to finalize trilateral text-based work in this area by spring in order to engage other key WTO Members after that, as appropriate.

the area of forced technology transfers, Ministers confirmed their agreement to cooperate on enforcement, on the development of new rules, on investment review for national security purposes and on export controls and further take stock of this cooperation by spring.

the reform of the WTO, the three partners submitted a joint transparency and notification proposal to the Council for Trade in Goods last November with other co-sponsors, and the Ministers agreed to intensify engagement with other trading partners to advance this proposal. They confirmed their agreement to work towards strengthening the regular committees' activities. They also reiterated their call on advanced WTO Members claiming developing country status to undertake full commitments in ongoing and future WTO negotiations.

The Ministers reaffirmed the importance of cooperating in facilitating digital trade and the growth of the digital economy and to enhance business environments through the promotion of data security. The Ministers confirmed their support for the timely initiation of WTO negotiations on trade-related aspects of electronic commerce that seek to achieve a high standard agreement with the participation of as many WTO members as possible.

Ministers look forward to further cooperation for the G20 Ministerial Meeting on Trade and the Digital Economy under the Japanese G20 Presidency.

Friday, November 23, 2018

ITC Launches Investigation of Proposed US-EU FTA

On November 23, 2018, the U.S. International Trade Commission published in the Federal Register (83 FR 59417) [Investigation Nos. TA–131–044 and TPA–105–005] U.S.-EU Trade Agreement: Advice on the Probable Economic Effect of Providing Duty-Free Treatment for Currently Dutiable Imports; Institution of Investigation and Scheduling of Hearing.

Thursday, October 18, 2018

Trump Administration Announces Intent to Negotiate Trade Agreements with Japan, the European Union and the United Kingdom

Trump Administration Announces Intent to Negotiate Trade Agreements with Japan, the European Union and the United Kingdom

On October 16, 2018, at the direction of the President, United States Trade Representative Robert Lighthizer notified Congress that the Trump Administration intends to negotiate three separate trade agreements with Japan, the European Union and the United Kingdom.

"Under President Trump’s leadership, we will continue to expand U.S. trade and investment by negotiating trade agreements with Japan, the EU and the United Kingdom," said Ambassador Lighthizer. "Today’s announcement is an important milestone in that process. We are committed to concluding these negotiations with timely and substantive results for American workers, farmers, ranchers, and businesses."

In officially notifying Congress, the U.S. Trade Representative (USTR) is following the procedures set out in the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 – often referred to as Trade Promotion Authority (TPA) – which requires ongoing consultations with Congress. These consultations ensure that USTR develops negotiating positions with the benefit of Congress’ views. USTR will also publish notices in the Federal Register requesting the public’s input on the direction, focus and content of the trade negotiations.

In accordance with TPA, USTR will publish objectives for the negotiations at least 30 days before formal trade negotiations begin.

To read the notification letters sent to Congress regarding Japan, click here.

To read the notification letters sent to Congress regarding the European Union, click here.

To read the notification letters sent to Congress regarding the United Kingdom, click here.

Background Information

U.S.-Japan Trade

U.S. goods and services trade with Japan totaled an estimated $283.6 billion in 2017. Exports were $114 billion; imports were $169.5 billion. The U.S. goods and services trade deficit with Japan was $55.5 billion in 2017.

U.S.-EU Trade

U.S. goods and services trade with the EU totaled nearly $1.2 trillion in 2017. Exports totaled $527 billion; Imports totaled $627 billion. The U.S. goods and services trade deficit with the EU was $100 billion in 2017.

U.S.-UK Trade

U.S. goods and services trade with United Kingdom totaled an estimated $235.9 billion in 2017. Exports were $125.9 billion; imports were $110.0 billion. The U.S. goods and services trade surplus with United Kingdom was $15.9 billion in 2017.

Wednesday, September 20, 2017

Canadian Minister of International Trade to officially welcome CETA provisional application on September 21

On September 21, 2017, The Honourable François-Philippe Champagne, Minister of International Trade, joined by representatives of the Canadian and European Union business communities from a broad cross-section of industries, will mark and celebrate, at the Port of Montreal, the first day for the provisional application of the Canada-European Union Comprehensive Economic and Trade Agreement (CETA). ‎

The event will livestream on September 21, 2017, starting at 10 a.m. ET, on Facebook and Twitter

Friday, April 28, 2017

Coming in May-- Free Webinar European-focused webinars to explore the EU’s Digital Single Market Strategy and what it means for U.S. retailers looking to acquire European customers.

The eCommerce Innovation Lab and the Commercial Service in Europe, in partnership with the Getting to Global public/private partnership and the Global Retail Insights Network (The GRIN Labs), have created this initial European-focused webinar to explore the EU’s Digital Single Market Strategy and what it means for U.S. retailers looking to acquire European customers.

Each of the three, 60-minute sessions will provide practical information to U.S. firms wanting to enter and engage with the European consumer market, selling products such as cosmetics, apparel, games, electronics, or online services.

In 2015, U.S. exports of digitally deliverable goods and services to Europe were more than double U.S. trade with Latin American and almost double U.S. trade with the entire Asia-Pacific Region. Meanwhile, European policymakers continue to promote the lowering of trade barriers between their countries and have been encouraging the free movement of goods and services.

More information and free registration at http://2016.export.gov/france/mission/index.asp.

Monday, January 9, 2017

20-Year Old US-EU Beef Threatens Duty Increase for Certain Rayon Fiber and Yarn

The EU bans the import of beef and beef products produced from animals to which any of six hormones have been administered for growth-promotion purposes. The effect of the EU ban is to prohibit the import of all but specially-produced U.S. beef and beef products. In February 1998, the WTO Dispute Settlement Body (DSB) in the EU-Beef case found that the ban was inconsistent with the obligations of the European Communities (now the EU) under the WTO Agreement. In July 1999, a WTO arbitrator determined that the EU import ban on U.S. beef and beef products had nullified or impaired U.S. benefits under the WTO Agreement in the amount of $116.8 million each year. On July 26, 1999, the DSB authorized the United States to suspend the application to the EU, and member States thereof, of WTO tariff concessions and related obligations covering trade in an amount of $116.8 million per year. Pursuant to that authorization, USTR announced a list of EU products that would be subject to a 100 percent rate of duty effective with respect to products entered, or withdrawn from warehouse, for consumption on or after July 29, 1999. See 64 FR 40638.

On May 13, 2009, the United States and the European Commission announced the signing of a Memorandum of Understanding (MOU) in the EU-Beef case. See 74 FR 40864.

The MOU provided for the EU to make phased increases in market access by adopting a tariff-rate quota (TRQ) for beef produced without growth-promoting hormones (termed HQB products), in return for the United States making phased reductions in additional duties the United States had imposed consistent with WTO authorization. See 74 FR 40864. Both in accordance with the MOU and as a result of a decision of the United States Court of Appeals for the Federal Circuit, USTR terminated all additional duties on EU products, effective May 2011. See 76 FR 30987.

Under the second phase of the MOU, starting in August 2012, the EU increased the TRQ to 45,000 metric tons (MT). Although the EU has maintained this 45,000 MT TRQ for HQB products, it has not in practice provided benefits to the U.S. beef industry sufficient to compensate for the economic harm resulting from the EU ban on all but specially-produced U.S. beef. In particular, non-U.S. exporters of HQB products have been able to fill a substantial part of the 45,000 MT TRQ.

In February 2016, Congress passed and the President signed the Trade Facilitation and Trade Enforcement Act of 2015. Among other things, the Act amended relevant provisions of the 1974 Trade Act to confirm that the Trade Representative may reinstate a previously terminated Section 301 action in order to exercise a WTO authorization to suspend trade concessions. In particular, the new Section 306(c) of the 1974 Trade Act permits the Trade Representative to reinstate a Section 301 action following (1) a request from the petitioner or any representative of the domestic industry that would benefit from reinstatement of action, (2) consultations under Section 306(d) of the Trade Act, and (3) a review under section 307(c) of the Trade Act.

On December 9, 2016, representatives of the U.S. beef industry invoked the new Section 306(c) of the 1974 Trade Act by filing a written request for reinstatement of action.

In order to assist in a possible reinstatement of the action in accordance with Section 306(c) of the 1974 Trade Act, and to provide information in connection with a review under Section 307(c) of the Act, the Section 301 Committee seeks public comments with respect to the specific EU products on the lists for increased import duties.

The list of products potential subject to increased duty is lengthy and includes two textile products:

  • Viscose rayon staple fibers, not carded, combed or otherwise processed for spinning, provided for in Subheading 5504.10.00 HTSUS, rate of duty 4.3%.

  • Single yarn (other than sewing thread) containing 85% or more by weight of artificial staple fibers, not put up for retail sale, provided for in Subheading 5510.11.00 HTSUS, rate of duty 9%.

In the case of the fiber classified at 5504.10.00, total U.S. imports in 2015 were $174 million, of which imports from the EU were:

  • Germany, $40 million
  • Austria, $30 million
  • United Kingdom, $260,000
  • Czech Republic, $17,000
  • Netherlands, $2,000
  • Spain, $2,000

NOTE, that this fiber is the subject of several temporary duty suspension petitions recently filed as part of the new Miscellaneous Tariff Bill process and was formerly under duty suspensions.

In the case of the yarn classified at 5510.11.00, total U.S. imports in 2015 were $41 million, of which imports from the EU were:

  • Spain, $700,000
  • Belgium, $410,000
  • Switzerland, $151,000
  • Austria, $96,000
  • Slovenia, $23,000
  • France, $16,000
  • United Kingdom, $6,000

Comments are due by Monday, January 30, 2017. There will be a hearing in Washington on Wednesday, February 15, 2017.

To see the full text of the Federal Register notice CLICK HERE

Tuesday, June 28, 2016

T-TIP is Dead

With the UK vote to leave the EU, T-TIP, the Transatlantic Trade and Investment Partnership is dead. The US may someday have free trade with Europe, but not, at least not directly, as a result of the project launched in the spring of 2013.

President Obama’s threat that the UK would step to the “back of the queue” if it leaves the EU fails to take into account that the UK leaving the EU means that the EU must also step to the back of the queue. With calls in other EU members for similar referenda, the US can’t be sure who the EU is, and until this settles down, you can't negotiate with an unknown entity. Further, the negotiations to date included the UK, which means that concessions were made, on both sides, to address UK-specific issues. Now those issues don’t matter, and that means the whole, or nearly the whole, negotiation must start over from scratch. Three to five years from now, when T-TIP can be restarted, so much time shall have passed that stakeholder input will need to be re-solicited, as new trade patterns will have developed around TPP (assuming it passes), other trade deals, and the general tendency of business to evolve. T-TIP is dead. The US and EU may do a free trade agreement in the future. They may even call it T-TIP. But it won’t be the conclusion of the current T-TIP; it will be a de novo negotiation, which will benefit from the current T-TIP only as an imperfect and out-of-date road map.

That's my opinion. --David Trumbull