The following lawsuits were filed at the Court of International Trade during the week of May 21-27:
After years of litigation, a "clarification" to the scope of antidumping duties on petroleum wax candles from China once deemed "overbroad" by the Court of International Trade will apparently stand. A candle importer, Trade Associates Group, agreed to dismiss its lawsuit with prejudice, meaning it can't bring the same challenge again. The National Candle Association, which represents U.S. candle manufacturers, claimed victory in a news release.
India, which earlier submitted at the World Trade Organization a list of retaliatory tariffs for the U.S.'s Section 232 action, now has filed a case challenging the action's legality. On May 23, it circulated a request for consultations with the U.S., the first step before a panel can be convened to consider the dispute. India points not only to the fact that countries are being treated differently, but also says that the Commerce Department is using voluntary export restraints and quotas to protect domestic producers. Both are against the WTO's General Agreement on Tariffs and Trade ( GATT) rules, India alleges.
LOS ANGELES -- Samsung likely would be “one of the winners” if the Trump administration goes through with its proposal to impose 25 percent tariffs on finished TVs imported from China (see 1804040023), said Display Supply Chain Consultants (DSCC) President Bob O’Brien at the Display Week business conference Monday. “Samsung nowadays doesn’t import TVs from China, or at least not in any significant quantities.”
The following lawsuits were filed at the Court of International Trade during the week of May 14-20:
South Korea began a World Trade Organization challenge of recent Section 201 safeguard duties imposed by the U.S. on large residential washers and solar cells and modules, the WTO said in a news release. South Korea requested consultations with the U.S. on May 16, saying “the measures are inconsistent with a number of provisions under the WTO's Agreement on Safeguards and the General Agreement on Tariffs and Trade (GATT) 1994,” the WTO said. Under WTO rules, South Korea may request the formation of a panel to adjudicate the case if consultations don’t resolve the dispute after 60 days. South Korea’s challenge follows a dispute on the safeguard duties filed by China in February (see 1802070022).
There's no true TV manufacturing in the U.S., so TVs don't belong on a list of products targeted for 25 percent tariffs designed to hurt Chinese producers without harming end U.S. consumers, representatives of Best Buy and TCL said Tuesday. They were among a wide range of companies and industries asking to be spared -- or protected -- in the first of three days of U.S. Trade Representative's office hearings that will listen to testimony from more than 120 companies, a major union and many trade associations. The USTR's office will refine the list of products subject to 25 percent tariffs over China's intellectual property issues on what amounted to $50 billion in imports last year. "Assembling is not manufacturing," said Jonathan King, vice president-legal affairs at TCL's North American subsidiary. The idea that a domestic TV production industry could quickly emerge here isn't feasible, he said. His remarks were in apparent reference to Element Electronics, whose general counsel, David Baer, testified later Tuesday that his company assembles LCD TVs in a plant in Winnsboro, South Carolina, and has been doing so since 2014. Element supports the USTR's inclusion of finished flat-panel TVs from China on the tariff list, though it wants LCD panels, which Element sources from China, left off, he said. Element pays a 4.5 percent duty on LCD panels imported from China. That leaves Element at an unfair advantage because finished TVs imported from China bear a lower 3.9 percent royalty and finished sets imported from Mexico carry no duty at all under the North American Free Trade Agreement, he said. Baer said the USTR needs to look beyond China, as Chinese factories are already shipping subassemblies to Thailand and Vietnam, which haven't previously made TVs, and to Mexico, which does. If the government doesn't stop that shift in production among companies seeking the circumvent the tariffs, the agency's Section 301 remedies "would be a toothless tiger," he said. Element made many of those same points in comments it filed Friday in docket USTR-2018-0005 (see 1805140040). Mike Mohan, chief merchandise officer at Best Buy, dismissed Baer's arguments. Tariffs could raise retail TV prices as much as 23 percent, affecting those at the lower end of the market who shop smaller screens the most, he said. Best Buy sources virtually all its private-label Insignia-brand TVs from China (see 1804040023).
The following lawsuits were filed at the Court of International Trade during the week of May 7-13:
The following lawsuits were filed at the Court of International Trade during the week of April 30 - May 6:
RANCHO MIRAGE, Calif. -- The Census Bureau expects to issue proposed rules for routed export transactions by the fall, said Omari Wooden, assistant division chief, International Trade Management Division at Census. Census is in the process of going through many issues raised by industry in comments to the agency (see 1712070039), Wooden said at the National Customs Brokers & Forwarders Association of America's annual conference on May 1. "We are the government, so instead of months, we give you seasons, so probably sometime in the fall we're hopeful to come out with something," he said.