COURTESY NTRA
US and EU Agree to Trade Deal Framework
On Aug. 21, the United States and the European Union jointly announced a Framework Agreement on tariffs. While it isn’t a complete trade agreement, it does provide more details on what trade between the US and EU will look like for the next three years.
Originally, the President announced a general tariff rate of 20% on goods from the EU on April 2nd. The new general rate will be at 15% going forward for goods being imported to the US from the EU. The agreement also includes the elimination of EU tariffs on US industrial goods and preferential access for various U.S. agricultural products.
Much is still being worked out, including tariffs on pharmaceuticals, semiconductors, lumber, and automobiles – there could be reductions in rates contingent on EU legislative proposals for these specific categories.
This agreement will take effect on September 1st; the full joint statement can be found here.
H-2B Disputes to be Decided by Labor Department Judges
On Aug. 27, a DC Federal Court ruled that the Labor Department’s in-house judges have the power to decide H-2B visa disputes, instead of before a regular court. This decision expands the reach of the Supreme Court’s ruling in SEC v. Jarkesy.
SEC v. Jarkesy held that defendants have a constitutional right to make their case to a federal jury when a dispute involves matters of common law. This decision does conflict with another recent decision involving H-2A visas. The US Court of Appeals for the Third Circuit ruled that Labor Department ALJs (administrative law judges) can’t adjudicate cases involving farmworkers on seasonal H-2A visas.
The judge in the H-2B case, Judge Beryl A. Howell, said that the Third Circuit’s ruling is “neither binding nor persuasive” in the H-2B case in part because the facts are distinguishable. If there is an appeal, the case would be heard by the DC Circuit, which is likely. We will further update you as this case potentially moves forward.
Return to the August 29 issue of Wire to Wire
