301 Breather : Trade Potpourri

Oct 10 04:10 2019 Print This Article

Originally published by the Journal of Commerce in October 2019

As the deadline to file List 3 exclusions requests for goods from China (the 301 investigation) has now expired, there is the opportunity to take a bit of a deep breath and survey the trade landscape. Doing so serves as a reminder, there is much more than “just” the 301 tariffs to be concerned about. Here is a sampling of relevant topics, in no particular order of importance:

More Vigorous Pest Searches: USDA/APHIS and CBP seem to be ratcheting up their inspection of soft wood lumber packing materials, said to be based on risk factors, with the net result that the finding of the presence of pests has increased, even with properly marked wood packing materials. Is the wood not properly treated from the outset? Is the wood being reinfested? Is the challenge the nature of the chemicals with which treatment is permitted? Methyl bromide is not permitted in Europe. Does the infestation come from other cargo in the same hold as your shipment?  The amount of wood and the nature of the commodity in your shipment may make the difference between whether you are permitted to remove the infested wood and clear the goods or are ordered to export the entire shipment.

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This blog is about Canada-United States cross border legal issues. Some of the authors are practicing lawyers and some are law students. This is a forum for discussion that presents an opportunity for law students to contribute and become known to potential employers in this dynamic area of the law.

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