Customs Duty

The Biden administration will complete its review of the Section 301 tariffs "this fall," U.S. Trade Representative Katherine Tai wrote to senators, and while she did not commit to any course of action, she wrote: "As part of the 4-Year Review of the Section 301 tariffs, USTR is reviewing the effectiveness of the tariffs in achieving the objectives of the investigation, as well as the effect of the tariffs on consumers, workers, and the U.S. economy at large. As part of this review, we are considering the existing tariffs structure and how to make the tariffs more strategic in light of impacts on sectors of the U.S. economy as well [as] the goal of increasing domestic manufacturing."

A bill that says the Taiwan trade initiative can't take effect until the administration submits an economic analysis of its effects and answers questions from Congress on implementation has passed both chambers of Congress. The bill also says the next deal between Taiwan and the U.S. must gain congressional approval.

A U.S. producer seeks the imposition of new antidumping and countervailing duties on pea protein from China, it said in a petition filed with the Commerce Department and the International Trade Commission July 11. Commerce will now decide whether to begin AD/CVD investigations, which could result in the imposition of permanent AD/CVD orders and the assessment of AD and CVD on importers. The petition was filed by Puris Proteins.

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The Commerce Department is beginning four anti-circumvention inquiries into allegations that imports of several blends of hydrofluorocarbons imported from China, Malaysia and Turkey are circumventing the antidumping and countervailing duty orders on hydrofluorocarbon blends from China (A-570-028), the agency said in a notice released July 6.

Sixteen trade groups, including the U.S. Chamber of Commerce, the National Association of Manufacturers, PhRMA and BIO, asked U.S. Trade Representative Katherine Tai to press Mexico to comply with its USMCA commitments during her trip to Mexico for the Free Trade Commission meeting.

The lack of disclosure in Enforce and Protect Act evasion proceedings and the deferential standard of review "stack the deck" in favor of the alleger, giving importers "a lot to complain about in the EAPA process," customs lawyer Larry Friedman of Barnes/Richardson said in a July 6 blog post. Even importers who believe they have conducted reasonable due diligence may have serious unexpected liabilities that come out during the investigation, he said.

CBP released the quarterly IRS interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties. For the quarter that began July 1, the interest rate for overpayments is 6% for corporations and 7% for non-corporations. The rate for underpayments is 7% for both corporations and non-corporations. Rates are unchanged from the previous quarter (see 2304120029) but subject to change for the next quarter, CBP said.

The ability to import low-value packages without paying duties is a benefit to consumers and businesses, the U.S. Chamber of Commerce and other trade groups that use de minimis are arguing, as they lobby against bipartisan efforts to curtail de minimis eligibility.

Canada's proposed "last sale" change to its customs valuation practice could present a host of problems for customs brokers, law firm Neville Peterson said in a blog post. If the regulatory change, which would require imports to be assessed duties according to the price of their "sale for export," is approved, brokers would have to examine resales to accurately file entries and would "no doubt be required to file many post-importation adjustments," the firm said.