DOJ briefs in the massive Section 301 litigation don't demonstrate that the Office of the U.S. Trade Representative considered "major objections contemporaneously with its decisions" to impose the lists 3 and 4A tariffs, the plaintiffs argued in a Dec. 5 reply brief at the Court of International Trade. While USTR relies on presidential direction as the post hoc justification of its decisions, the court already ruled that out as a means of satisfying the Administrative Procedure Act, the brief said. To now satisfy the APA, the U.S. may take new action, but the lists 3 and 4A tariffs may not stay in place based on "conclusory and post hoc rationales," the plaintiffs said (In Re Section 301 Cases, CIT #21-00052).
Sens. Bob Menendez, D-N.J., and Bill Cassidy, R-La., introduced a bill that would refund tariffs on imports that were hit with 25% tariffs during the Airbus-Boeing dispute, and also would prevent tariffs from being applied to goods on the water in the future.
CBP issued the following releases on commercial trade and related matters:
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.
Sen. Mark Warner, D-Va., one of the primary movers behind the Chips Act, told an audience that more domains need policymakers' attention so that they don't wake up to find that China has become dominant in an important emerging technology. He noted that before becoming a politician, he "was in the telecommunication space," and said that realizing that China is dominating 5G with two heavily subsidized champion companies was the "final wake-up call" that engagement and deeper trade with China is not the right way to go.
The early submissions to the Office of the U.S. Trade Representative on whether the 7.5% and 25% tariffs on Chinese goods should continue were heavily against continuing the action. More than 90% of the 27 submissions either said end all the tariffs or urged dropping the ones that affect businesses or workers.
Exclusions from Section 301 China tariffs for 81 medical care products related to COVID-19 will be extended until the end of February 2023, the Office of the U.S. Trade Representative said in a pre-publication notice released Nov. 23. The exclusions had been set to expire Nov. 30.
The Office of the U.S. Trade Representative is extending exclusions from Section 301 China tariffs for 81 products related to the COVID-19 pandemic through February 2023, it said in a notice released Nov. 23. The exclusions, originally granted Dec. 29, 2020, were scheduled to expire Nov. 30, USTR said. “In light of the continuing efforts to combat COVID, the exclusions have been extended for an additional 90 days, through February 28, 2023,” USTR said in an emailed announcement.
A report from Republicans on the Joint Economic Committee in Congress said that while the Federal Reserve is doing the right thing to drive down inflation, Congress should act to remove Section 301 tariffs on Chinese imports, and Section 232 tariffs on steel and aluminum. "These 2018-2020 era tariffs are currently in effect on $280 billion of U.S. imports, imposing a $50 billion annual cost burden on U.S. producers and consumers that use imported goods. Estimates suggest that removing recently imposed tariffs on imports from China, steel and aluminum imports, and Canadian lumber imports could deliver a one-time inflation reduction of 1.3 percentage point," the report said. There is no mechanism for Congress to roll back the softwood lumber duties, as they are antidumping and countervailing duties. However, the U.S. used to lower the trade remedies when the cost of lumber rose above certain thresholds.
The following lawsuits were filed at the Court of International Trade during the week of Nov. 14-20: