CBP expects to continue to implement new Section 232 tariffs should the government shutdown persist past the effective date of any new tariffs, officials said on an Oct. 1 call with the trade to discuss the government shutdown. CBP also plans to implement expected tariffs, such as the ones for lumber and furniture that take effect Oct. 14, without delays.
U.S. Trade Representative Jamieson Greer said that while the administration doesn't expect to lose its tariff case at the Supreme Court, "wherever we end up," the approach will be similar to what it is now.
The case against the lists 3 and 4A tariffs is unlikely to be heard by the Supreme Court or the full U.S. Court of Appeals for the Federal Circuit, and the recent decision from the Federal Circuit upholding the tariffs likely gives the Trump administration greater confidence in using tariff authorities other than the International Emergency Economic Powers Act, various attorneys told us.
As seen in recent rulings and CBP audits on first sale, CBP is asking for more information supporting importers' claims of bona fide sales and arms' length sales, Kelly Nelson, managing director of tax, trade and customs at KPMG, said during a Sept. 25 webinar.
The U.S. is likely to impose more trade controls to push Chinese chips and other components out of American technologies, which could raise costs and make managing supply chains even more challenging, technology policy analysts said this week.
Sureties that provide importers with customs bonds say that they're able to handle covering the potentially significantly higher amounts of duties that importers may owe because of tariff rate increases, according to two companies interviewed by International Trade Today.
The Commerce Department is amending the final results of the antidumping duty administrative review on heavy-walled rectangular welded carbon steel pipes and tubes from Mexico (A-201-847) covering the period Sept. 1, 2022, through Aug. 31, 2023, that were published July 24, to correct a ministerial error in a calculation for one mandatory respondent to the review, which results in a slightly lower AD cash deposit rate for the respondent, Maquilacero S.A. de C.V. (Commerce's notice of amended final results mistakenly says the final results were published June 24.)
The Court of International Trade held that Section 1318(a) of the Trade Act of 1930, which lets the president grant duty-free treatment to certain goods "for use in emergency relief work," doesn't cover solar cells and modules. As a result, Judge Timothy Reif vacated the Commerce Department's duty "pause" on collection of antidumping duties and countervailing duties on solar cells and modules from Cambodia, Malaysia, Thailand and Vietnam that were set to be collected from the four countries due to an anti-circumvention proceeding.
Although CBP has provided guidance on how to file entries for steel and aluminum derivatives under the Section 232 tariffs, some trade community members are still unclear about how to determine the value of the steel or aluminum content in more complex situations, according to trade attorney George Tuttle, speaking on an Aug. 27 webinar.
Importer Cozy Comfort filed its opening brief at the U.S. Court of Appeals for the Federal Circuit on Aug. 25, arguing that the Court of International Trade was wrong to find that the company's product, The Comfy, is a pullover and not a blanket (Cozy Comfort v. United States, Fed. Cir. # 25-1889).