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USTR Delays Tariffs on Digital Services Tax

9 June 2021 Wednesday

USTR Announces, and Immediately Suspends, Tariffs in Section 301 Digital Services Taxes Investigations
USTR announced that it will delay imposing tariffs on imports from Austria, India, Italy, Spain, Turkey, and the United Kingdom for 180 days (November 29, 2021).
Ambassador Tai is hopeful they will reach “a consensus on international tax issues through the OECD and G20 processes.”
While this suspension of tariffs is good news, the threat of USTR imposing additional tariffs of up to 25% on apparel, footwear and accessories remains.
AAFA testified last month at USTR’s multijurisdictional hearing arguing that imposing punitive tariffs on U.S. imports for apparel, footwear, and accessories from these countries will do nothing to change their behavior in this dispute but would negatively impact the industry.
USTR Announces, and Immediately Suspends, Tariffs in Section 301 Digital Services Taxes Investigations
06/02/2021
USTR announced suspended tariffs on goods from six trading partners while broader international tax negotiations continue WASHINGTON –United States Trade Representative Katherine Tai today announced the conclusion of the one-year Section 301 investigations of Digital Service Taxes (DSTs) adopted by Austria, India, Italy, Spain, Turkey, and the United Kingdom. The final determination in those investigations is to impose additional tariffs on certain goods from these countries, while suspending the tariffs for up to 180 days to provide additional time to complete the ongoing multilateral negotiations on international taxation at the OECD and in the G20 process.
“The United States is focused on finding a multilateral solution to a range of key issues related to international taxation, including our concerns with digital services taxes,” said Ambassador Katherine Tai. “The United States remains committed to reaching a consensus on international tax issues through the OECD and G20 processes. Today’s actions provide time for those negotiations to continue to make progress while maintaining the option of imposing tariffs under Section 301 if warranted in the future.”
Federal Register notices announcing and suspending the trade actions in the six investigations may be found at https://ustr.gov/issue-areas/enforcement/section-301-investigations/section-301-digital-services-taxes.
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Background
On June 2, 2020, USTR initiated investigations into DSTs adopted or under consideration in ten jurisdictions: Austria, Brazil, the Czech Republic, the European Union, India, Indonesia, Italy, Spain, Turkey, and the United Kingdom.
In January 2021, following comprehensive investigations USTR determined that the DSTs adopted by Austria, India, Italy, Spain, Turkey, and the United Kingdom discriminated against U.S. digital companies, were inconsistent with principles of international taxation, and burdened U.S. companies. Detailed reports on the findings in the investigations may be found at https://ustr.gov/issue-areas/enforcement/section-301-investigations/section-301-digital-services-taxes.
In March 2021, USTR announced proposed trade actions in these six investigations, and undertook a public notice and comment process, during which it collected hundreds of public comments and held seven public hearings. USTR also terminated the remaining four investigations (of Brazil, the Czech Republic, the European Union, and Indonesia) because those jurisdictions had not implemented the DSTs under consideration.

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