Evelyn Suarez Speaks at U.S. Trade Policy Panel on WTO Participation and Potential Violation

Evelyn Suarez spoke at the U.S. Trade Policy Panel on WTO Participation and Potential Violation, presented by the International Trade and Investment Law Society. The panel discussion took place on April 2, 2018, at the American University Washington College of Law in Washington, DC.

The program description reads:
Featuring experienced trade negotiators and WTO litigators to speak on both domestic and international impact of the recent tariffs on Steel and Aluminum, Section 301 investigation against China on intellectual property, Canada’s WTO challenge on US trade rule book; more generally, the legal implication of US trade policy, and new direction of Free Trade Agreement under the WTO.

Moderator: Patrick Macrory, Director, International Trade Law Center at International Law Institute; Partner, Appleton Luff
Warren H. Maruyama, Partner, Hogan Lovells
James R. Cannon, Jr., Partner, Cassidy Levy Kent
Evelyn M. Suarez, The Suarez Firm
Vanessa P. Sciarra, Vice President for Legal Affairs and Trade & Investment Policy, National Foreign Trade Council (NFTC)

Steel Exclusion Requests

Who can file?
Only individuals or organizations operating in the United States that use steel products (e.g., flat, long, semi-finished, pipe and tube, and stainless) in business activities (e.g., construction, manufacturing, supplying steel products to users) in the United States may submit an Exclusion Request.

Reasons for exclusions:

  1. Product is not produced in the United States in;
    1. a sufficient and reasonably available amount or
    2. a satisfactory quality
  2. Product needed to support a specific U.S. national security requirement (e.g, critical infrastructure or national defense systems)

Requirements: must contain information on

  1. Single type of steel product it requires using a 10-digit HTSUS code, including its specific dimension. A separate Exclusion request must be submitted on each distinct type and dimension of steel product to be imported.
  2. The quantity of product requirement (stated in kilograms) under a one-year exclusion
  3. A full description of the properties of the steel product it seeks to import, including chemical composition, dimensions, strength, toughness, ductility, magnetic permeability, surface finish, coatings, and other relevant data

Reasons for rejection

  1. Does not sufficiently address the specified reporting requirements
  2. Cites the improper HTSUS code
  3. Provides incorrect product descriptions

Where filed: Upload request to www.regulations.gov under Docket Number BIS-2018-0006

When:  Any time

Processing time: Approximately 90 days

Notifications: Posted on www.regulations.gov

For further information contact: steel232@bis.doc.gov or by phone at 202.482.5642

Questions: Given the fluid situation as to coverage and exclusions, you may have questions regarding the announced steel and aluminum tariffs.  Should you have any questions, please contact Evelyn Suarez at esuarez@suarezfirm.com or 202.552.0310.

For the full post on the steel and aluminum tariffs, please see:

Steel and Aluminum Tariffs

TFA will take political will and private participation

This article by Evelyn Suarez first appeared on May 9th at Adam Smith Project.

WTO’s trade facilitation deal has sweeping potential but needs public and private buy-in

   It was big news, at least in international trade circles, when after 10 years of negotiations, the World Trade Organization finalized a Trade Facilitation Agreement (TFA) at its Ministerial Conference in Bali Dec. 7, 2013.

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