The U.S. government is considering charging fees ranging from $500,000 to $1.5 million each time a ship docks at a U.S. port, with higher fees charged when Chinese vessels enter; South Korean or Japanese-built ships wouldn't avoid the fees, however, as the Office of the U.S. Trade Representative seems to have taken earlier criticisms into account that global shipping companies would own just as many Chinese ships but use them at other destinations.
The former chief counsel for trade enforcement strategy at the Office of the U.S. Trade Representative, who led the four-year review of Section 301 tariffs and the launch of a Section 301 investigation on mature chips, has joined DLA Piper as a partner in the national security and global trade practice. Brian Janovitz worked at USTR for more than 10 years, and also was involved in litigation, such as the biotech corn dispute, which the U.S. won.
The U.S. will consider a revival of Section 301 investigations on digital services taxes in several countries, as well as potential tariffs to counter “trade and regulatory practices” in those and other countries that “discriminate against” or “disproportionally affect” U.S. companies, under a memo signed by President Donald Trump Feb. 21.
The reciprocal tariffs that the U.S. intends to levy on imports -- which could be announced as soon as April 2 -- may not be a one-for-one match of the tariff rate of another country for that product. Rather, they could take into account wage suppression, exchange rate management, "mercantilist policies," non-tariff barriers, value-added tax and extraterritorial taxes.
Rep. Rosa DeLauro, D-Conn., one of the leading voices in the House to end de minimis for e-commerce, said she wants President Donald Trump to remove all e-commerce from de minimis, so that it goes back to its original purpose of covering tourists' purchases. Given international direct-to-consumer shipping, "It’s become a vast gap in our customs regime," she said, causing a "flood of impossibly low-priced products that put American manufacturers out of business," and making it "almost impossible to enforce the ban on goods made with forced labor."
Duty-free de minimis treatment is available for Chinese-origin goods again, but only until "notification by the Secretary of Commerce to the President that adequate systems are in place to fully and expediently process and collect tariff revenue for all Chinese products," the White House said in an amendment to its Feb. 1 executive order on China tariffs.
The abrupt change in how CBP will process low-value goods made in China because of President Donald Trump's executive order banning the de minimis exemption for these goods (see 2502030034) is causing some upheaval among shippers unfamiliar with the other types of customs processing, importers, brokers and logistics providers told International Trade Today.
The nominee to lead the Office of the U.S. Trade Representative, Jamieson Greer, told New Mexico Democrat Sen. Ben Lujan that, as he starts a sunset review of USMCA, he thinks rules of origin should be tightened up in some sectors.
The following lawsuits were filed at the Court of International Trade during the week of Jan. 27 - Feb. 2:
The U.S. on Feb. 3 brought a complaint against importer Shunny Corp., doing business as Sampac Enterprises, alleging that the company negligently misreported the country of origin of its health products to avoid import duties. The government is seeking nearly $200,000 in unpaid duties, along with a nearly $1.4 million penalty (United States v. Shunny Corp., CIT # 25-00039).