CBP appears to have backed away from a recently adopted policy of rejecting protests filed to claim benefits under the Generalized System of Preferences and several other trade programs, following a Court of International Trade decision issued in August that found GSP claims are protestable (see 1608050038). The importer behind the successful challenge, Zojirushi, had its protest granted and received its refund, said its lawyer, John Peterson of Neville Peterson. “There will be no appeal,” he said. “The Department of Justice appeared satisfied with the result, as well, and assisted us in getting the refunds.” CBP and DOJ did not immediately comment.
The Office of the U.S. Trade Representative is accepting comments through Dec. 15 on issues related to its request for a World Trade Organization dispute settlement panel to review a case filed jointly with the EU alleging China unfairly leveled export restraints on antimony, chromium, cobalt, copper, graphite, indium, lead, magnesia, talc, tantalum and tin, USTR said (here).
The following lawsuits were filed at the Court of International Trade during the week of Oct. 17-23:
International Trade Today is providing readers with some of the top stories for Oct. 17-21 in case they were missed.
Twenty senators wrote to the Obama administration (here) in support of a signing a new U.S.-Canada Softwood Lumber Agreement (SLA) that will limit Canadian lumber exports and bring back stability for industries in both countries. “We understand that the U.S. government has submitted detailed proposals to the Canadian government that would establish an agreement consistent with the terms of the Joint Statement” reached on softwood between Obama and Canadian Prime Minister Justin Trudeau in June, said the letter, led by Sens. Ron Wyden, D-Ore., and Mike Crapo, R-Idaho. In June, Obama and Trudeau called for any agreement to reflect an agreed-upon market share, provisions to address product scope, remanufacturing, and joint market development issues, and region-specific provisions, if necessary, among other things. “If an agreement cannot be reached with the Canadian government that is fully consistent with these principles and the U.S. lumber industry exercises its rights to file new trade cases, the U.S. trade laws must be fully enforced to respond to subsidized and dumped Canadian lumber imports,” the senators wrote.
A Florida tobacco importer faces criminal charges and possible prison time for allegedly evading $13 million in excise taxes, said the U.S. Attorney’s Office for the Southern District of Florida on Oct. 21 (here). Gitano Pierre Bryant Jr. miscalculated the amount of excise taxes he owed on large cigars he imported, despite repeated warnings from the Alcohol and Tobacco Tax and Trade Bureau (TTB) and a previous conviction, and falsified invoices to further lower his tax payments, the attorney’s office said.
ORLANDO – The U.S. government is considering how it would implement Trans-Pacific Partnership tariff phase-outs if the deal enters into force before ratification across all 12 parties, Deputy Assistant U.S. Trade Representative for Market Access and Industrial Competitiveness, Office of U.S. Trade Representative, Sushan Demirjian said Oct. 19 at the National Association of Foreign-Trade Zones annual conference. Under the deal, if the full group of parties doesn’t approve TPP by Feb. 3, 2018, any group of six countries that together comprise 85 percent of TPP by Gross Domestic Product (GDP) -- which mathematically must include the U.S. and Japan -- would have 60 days to complete their respective legal procedures to implement the agreement, at which point it would provisionally enter into force for only those ratifying nations. If that doesn't happen, the deal would enter into force 60 days after six parties that make up 85% of combined TPP GDP ratify it. Only ratifying countries will realize TPP benefits upon its entry into force.
The following lawsuits were filed at the Court of International Trade during the week of Oct. 10-16:
International Trade Today is providing readers with some of the top stories for Oct. 11-14 in case they were missed.
The Obama administration requested the World Trade Organization establish a dispute settlement panel to review a case filed jointly with the EU alleging China unfairly leveled export constraints on 11 raw materials, U.S. Trade Representative Michael Froman announced (here). Those raw materials include antimony, chromium, cobalt, copper, graphite, indium, lead, magnesia, talc, tantalum and tin (see 1607190039). The U.S. and China held unsuccessful consultations on the matter Sept. 8-9, and the WTO Dispute Settlement Body will consider the U.S.’s request for a panel at its Oct. 26 meeting, USTR said. U.S. producers use the challenged materials in sectors including steel, automobiles, aerospace, construction and electronics, the USTR said. Some 90 percent of indium consumed in the U.S. is used in thin-film coating on flat-panel displays, it said. “China specifically committed to abide by fair, non-discriminatory access to raw materials when it joined the WTO,” Froman said. “We intend to hold them to that commitment to ensure that our workers and businesses get all the economic opportunities they’re entitled to under our trade agreements.” Because China is a leading global producer of those raw materials, export duties and quotas give the nation the ability to significantly affect global supply and pricing, USTR said. China committed as part of its 2001 WTO accession agreement to erase export duties for all products except those listed in a specific annex, which doesn’t contain the challenged materials, USTR said.