Plaintiffs in the massive Section 301 litigation "have every intention" to appeal their case challenging the lists 3 and 4A Section 301 tariffs on China to the Supreme Court, Matt Nicely, lead counsel for the companies, told the Court of International Trade during a Nov. 4 status conference.
Trade lawyers are split over the necessity of filing lawsuits now to secure potential International Emergency Economic Powers Act tariff refunds should the Supreme Court invalidate them, according to interviews with lawyers.
While apparel industry groups have gripes with USMCA, they prefer it to be preserved as it currently stands rather than risk the uncertainty of renegotiation.
House Foreign Affairs Committee ranking member Gregory Meeks, D-N.Y., said Dec. 4 that he is seeking several changes to a Russia sanctions and tariffs bill that lawmakers are trying to get through Congress this month.
The U.S. Chamber of Commerce, Business Roundtable and other major voices of business said Section 232 tariffs applied to Canadian and Mexican goods that meet USMCA eligibility are a clear violation of the pact, and need to end. The business groups, which opened the second day of an Interagency hearing on what the U.S. should prioritize in next year's USMCA review, also emphasized how imports from and exports to Mexico and Canada are essential for domestic manufacturing.
The Court of International Trade erred in ruling that importer Blue Sky The Color of Imagination's planning calendars are diaries under Harmonized Tariff Schedule subheading 4820.10.2010, the U.S. Court of Appeals for the Federal Circuit held on Dec. 4. Judges Alan Lourie, William Bryson and Raymond Chen said the trade court violated the principle of stare decisis by skirting the CAFC's prior interpretation of the term "diary."
DOJ's Trade Fraud Task Force plans to model its tariff enforcement efforts after the DOJ Health Care Fraud Unit's "data-drive playbook to develop leads," DOJ Criminal Division Senior Counsel Cody Herche said at the American Conference Institute's annual anti-corruption conference, according to attorneys at Morgan Lewis. The attorneys said Herche's comment indicates "potential criminal violations of US tariff laws," including the False Claims Act and the statute against smuggling goods into the U.S.
Reductions of reciprocal tariffs on South Korea, as well as of Section 232 tariffs on South Korean lumber, will take retroactive effect Nov. 14 under a recently agreed trade deal, according to a notice released Dec. 3 by the Office of the U.S. Trade Representative and the Commerce Department.
Think tank scholars and lawyers emphasized that Section 232 tariffs on Mexican and Canadian autos, steel, aluminum and lumber are engendering rancor and suspicion, and the uncertainty of future tariffs levels on Mexican and Canadian imports is a silent tax causing businesses to halt investments and expansions.
Most tariff cuts under the recent U.S.-South Korea trade deal will take retroactive effect Nov. 14, with tariff cuts for autos and auto parts coming earlier on Nov. 1, as expected, said the U.S. Trade Representative in a notice released Dec. 3.