The following lawsuits were filed at the Court of International Trade during the week of Aug. 3-9:
Section 301 (too broad)
High demand for telework and remote-learning connectivity tools sent Q2 laptop and tablet imports soaring by triple digits from Q1, according to new Census Bureau data accessed Aug. 9 through the International Trade Commission’s DataWeb tool. Lockdown-induced TV import growth also was robust in the quarter, but intense commoditization was the story there, even in the largest screen sizes.
The Office of the U.S. Trade Representative plans to adjust two Section 301 tariff exclusions, it said in a pair of notices posted to the agency's website. The first notice amends an exclusion from the first list of Section 301 tariffs to change a weight description. The second revises an exclusion from the second list of the tariffs to delete a value description for digital clinical thermometers.
CBP issued the following releases on commercial trade and related matters:
The Office of the U.S. Trade Representative is requesting comments on whether new tariff exclusions granted to Chinese imports on Section 301 List 4 that are set to expire Sept. 1 (see 2008060008) should be extended for up to another year, it said in a notice released Aug. 10. The agency is already accepting comments on previously granted extensions that expire on Sept. 1 (see 2007150036). The comments are due by Aug. 20, it said. Each exclusion will be evaluated independently. The evaluation's focus will be on whether, despite the first imposition of these additional duties, the particular product remains available only from China. The companies are required to post a public rationale.
The broader impact of CBP's ruling on unsold low-value goods imported under Section 321 exemptions may be somewhat limited, industry experts said in recent interviews. The ruling (see 2007310036) laid out how the agency determines what entities can be considered a “person” for unsold Section 321 shipments.
Most exclusions from list three Section 301 China tariffs are now set to expire Aug. 7, after the Office of the U.S. Trade Representative declined to include them in a notice of extensions released the day before their slated expiration. In the notice, USTR granted extensions until Dec. 31 to only 266 of the nearly 1,000 list three exclusions published to date. That leaves over 700 exclusions to expire on schedule.
Almost three-quarters of all exclusions from list three Section 301 China tariffs are now set to expire Aug. 7, after the Office of the U.S. Trade Representative declined to extend them in the run-up to their expiration. In a notice released Aug. 6, USTR only granted extensions to 266 of the about 1,000 list three exclusions published to date.
The International Trade Commission on July 30 issued Revision 18 to the 2020 Harmonized Tariff Schedule. This latest version implements extended exclusions from list two Section 301 tariffs on products from China under new subheading 9903.88.54 and new U.S. note 20(ggg) to subchapter III of chapter 99. The ITC also made a technical fix to general note 11 for USMCA. The changes are effective July 31.
Sen. Bob Menendez, D-N.J., introduced a bill with 12 Democratic Finance Committee co-sponsors, to establish an inspector general at the Office of the U.S. Trade Representative. The bill, introduced Aug. 6, would require the president to appoint an IG within 120 days of passage. A companion bill is expected to be introduced Aug. 7 in the House of Representatives by Rep. Bill Pascrell, D-N.J. In a press release, Pascrell said, “Sunlight remains the ultimate disinfectant, and that is especially true when it comes to our trade policy. Our nation’s trade policies impact virtually every aspect of our economy and so Americans deserve to know that they are being formulated free of tainting influences and double-dealing. The opaqueness and outright corruption of Trump’s regime has revealed the need for a watchdog in all corners of our government. Our bill will ensure our trade policy will not be wielded for personal or political gain.” The bill says that within 180 days, the IG is to begin an audit of the process of granting Section 301 exclusions for Chinese goods.