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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 11 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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The Office of the U.S. Trade Representative (USTR) announced that it will add on January 12, 2021 &ldquo;certain products of certain EU member States&rdquo; to the list of products subject to additional duties in the ongoing World Trade Organization (WTO) dispute with the European Union (EU) over subsidies for large civil aircraft.&nbsp; In October 2019, the United States was authorized by a WTO dispute settlement panel to impose additional duties on approximately $7.5 billion in EU products as a result of the WTO Large Civil Aircraft litigation.&nbsp; See Update of <a href="https://www.thompsonhinesmartrade.com/2019/10/wto-arbitrator-ruling-on-airbus-boeing-dispute-allows-united-states-to-impose-tariffs-on-eu-products/">October 4, 2019</a> and <a href="https://www.thompsonhinesmartrade.com/2020/02/ustr-revises-and-increases-tariffs-in-wto-dispute-award-against-eu-concerning-large-civil-aircraft-subsidies/">February 17, 2020</a>.&nbsp; In a separate but related WTO dispute in September 2020, the EU was authorized to impose its own additional tariffs on approximately $4 billion in U.S. products.&nbsp; See Update of <a href="https://www.thompsonhinesmartrade.com/2020/11/eu-implements-retaliatory-tariffs-in-wto-large-civil-aircraft-dispute/">November 11, 2020</a>.
In implementing these additional tariffs, the USTR in a <a href="https://ustr.gov/about-us/policy-offices/press-office/press-releases/2020/december/united-states-modifies-tariffs-eu-products-large-civil-aircraft-dispute">press release</a> stated, &ldquo;the EU used trade data from a [benchmark reference] period in which trade volumes had been drastically reduced due to the horrific effects on the global economy from the COVID-19 virus&rdquo;; according to the USTR, this resulted in the EU imposing tariffs &ldquo;on substantially more products than would have been covered if it had utilized a normal period.&rdquo; &nbsp;Despite objections from the USTR, the EU has refused to change its approach.&nbsp; In response, the USTR announced these additional tariffs &ldquo;to keep the two actions proportionate to each other&rdquo; and will change its reference period to the same period used by the EU.
The new EU products subject to the additional tariffs will be &ldquo;goods of France and Germany, as these countries have provided the greatest level of WTO-inconsistent large civil aircraft subsidies.&rdquo;&nbsp; These goods include aircraft manufacturing parts, certain non-sparkling wine, and certain cognac and other grape brandies.&nbsp; See forthcoming <a href="https://ustr.gov/sites/default/files/files/Press/Releases/LCARevisionNotice.pdf">Federal Register notice</a>.&nbsp; The EU quickly responded by issuing a statement indicating that this action disrupts ongoing negotiations and that it &ldquo;will engage with the new U.S. administration at the earliest possible moment to continue these [WTO dispute] negotiations and find a lasting solution to the dispute.&rdquo;
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USTR Announces Additional Tariffs in U.S.-EU WTO Aircraft Dispute

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