House Ways and Means Subcommittee Chairman Earl Blumenauer is introducing "The Import Security and Fairness Act," which would add some restrictions around the $800 de minimis level. Under the bill, goods from countries that are both non-market economies and on the U.S. Trade Representative's intellectual property watch list wouldn't be eligible for de minimis provisions. Currently, the only country that is both a non-market economy and labeled as an IP violator is China. Blumenauer has said that 83% of de minimis packages come from China.
Section 301 Tariffs
Section 301 Tariffs are levied under the Trade Act of 1974 which grants the Office of the United States Trade Representative (USTR) authority to investigate and take action to protect U.S. rights from trade agreements and respond to foreign trade practices. Section 301 of the Trade Act of 1974 provides statutory means allowing the United States to impose sanctions on foreign countries violating U.S. trade agreements or engaging in acts that are “unjustifiable” or “unreasonable” and burdensome to U.S. commerce. Prior to 1995, the U.S. frequently used Section 301 to eliminate trade barriers and pressure other countries to open markets to U.S. goods.
The founding of the World Trade Organization in 1995 created an enforceable dispute settlement mechanism, reducing U.S. use of Section 301. The Trump Administration began using Section 301 in 2018 to unilaterally enforce tariffs on countries and industries it deemed unfair to U.S. industries. The Trump Administration adopted the policy shift to close what it deemed a persistent "trade gap" between the U.S. and foreign governments that it said disadvantaged U.S. firms. Additionally, it pointed to alleged weaknesses in the WTO trade dispute settlement process to justify many of its tariff actions—particularly against China. The administration also cited failures in previous trade agreements to enhance foreign market access for U.S. firms and workers.
The Trump Administration launched a Section 301 investigation into Chinese trade policies in August 2017. Following the investigation, President Trump ordered the USTR to take five tariff actions between 2018 and 2019. Almost three quarters of U.S. imports from China were subject to Section 301 tariffs, which ranged from 15% to 25%. The U.S. and China engaged in negotiations resulting in the “U.S.-China Phase One Trade Agreement”, signed in January 2020.
The Biden Administration took steps in 2021 to eliminate foreign policies subject to Section 301 investigations. The administration has extended and reinstated many of the tariffs enacted during the Trump administration but is conducting a review of all Section 301 actions against China.
The House Ways and Means Trade Subcommittee chairman's bill that would restrict the use of de minimis for Chinese sellers has already inspired a coalition of opponents, including the U.S. Chamber of Commerce, the Express Association of America, National Retail Federation and others. The Import Security and Fairness Act was introduced Jan. 18.
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
Gary Yacoubian, CEO of high-end speaker company SVS wants people to imagine going to bed one night, “and you wake up the next morning, and your cost of goods just went up by 15%,” he told a CES 2022 trade and supply chain workshop Jan. 5 of the Section 301 tariffs on finished speakers and subwoofers his company imports from China. Speakers and subwoofers with List 4A tariff exposure were originally dutied at 10% when they took effect in September 2019, and were later raised to 15%, then cut to 7.5% with the February 2020 enactment of the phase one trade deal with China.
The following lawsuits were filed at the Court of International Trade during the week of Dec. 27 - Jan. 2:
International Trade Today is providing readers with the top 20 stories published in 2021 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference numbers.
The following lawsuits were filed at the Court of International Trade during the week of Dec. 20-26:
The presidential proclamation amending the Harmonized Tariff Schedule to implement a hefty five-year update will likely be published in the coming days, which would set an effective date in late January for the lengthy list of changes. The White House released the proclamation Dec. 23 (see 2112230012), though a publication date in the Federal Register had not yet been scheduled as of press time. The date of publication triggers a 30-day countdown before the changes take effect.
The following lawsuits were filed at the Court of International Trade during the week of Dec. 13-19:
No conference committee members for the Senate China package have been appointed, even though House Speaker Nancy Pelosi, D-Calif., and Senate Majority Leader Chuck Schumer, D-N.Y., said a month ago the package would go to conference "immediately" with House bills (see 2111180009).