A pair of Wisconsin congressmen re-sent a letter on Section 301 exclusions to U.S. Trade Representative Katherine Tai, arguing that it was unfair to let exclusions expire in cases where there was still no source of the good outside China. Sen. Ron Johnson, R-Wis., and Rep. Bryan Steil, R-Wis., said they didn't understand how the office could grant an exclusion because the good is only available from China and because the duties would cause severe economic harm to the importer, but then not renew the exclusion a year later, when the factors are unchanged. They publicized the letter in an April 2 press release. Tai has not said whether the office will offer more Section 301 exclusions, but has said that if there is an exclusion process, it will be transparent.
Section 301 (too broad)
U.S. Trade Representative Katherine Tai, in a video call April 1 with Vietnam's trade minister, Tran Tuan Anh, “highlighted the Biden Administration’s concerns about currency practices covered in the ongoing Section 301 investigation,” according to a readout of the call. In a tweet after the call, Tai said, “I ... urged Vietnam to address U.S. concerns on currency practices covered in the Section 301 investigation.” Tai said the two committed to increased collaboration, and plan to hold a meeting later this year under the Trade and Investment Framework Agreement “to assess progress made in strengthening the trade relationship and in resolving outstanding bilateral issues,” which also include agricultural market access, digital trade and illegal timber trafficking.
The Customs Rulings Online Search System (CROSS) was updated March 31. The following headquarters rulings were modified recently, according to CBP:
As the U.S. Fashion Industry Association's representatives in Washington try to find out timing for a renewal of the Generalized System of Preferences benefits program, Senate Finance Committee staff members are telling them “there’s a lack of urgency with respect to this” among senators. David Spooner, Washington counsel for USFIA, told an online audience March 30 that Congress seems to think that since importers will get refunds for goods that should have qualified for GSP during this period once it's renewed, it's no big deal. “But we know what a pain in the rear the retroactive renewals are,” he said.
The three-judge panel in the Section 301 litigation inundating the U.S. Court of International Trade granted Akin Gump’s coordinated proposal designating the first-filed HMTX Industries-Jasco Products complaint as the sole sample case, a procedural order said March 31. Judges also stayed the roughly 3,700 other cases and approved the seating of a 15-member plaintiffs steering committee, also as Akin Gump proposed.
Trade policy in regard to China should prioritize technology issues and establish “benchmarks for a phased rollback of Section 301 tariffs,” the Information Technology Industry Council wrote In a 17-page March 30 letter to U.S. Trade Representative Katherine Tai. “Simultaneously, we encourage you to move swiftly on your hearing commitment to ensure a transparent, predictable, and rapid process for tariff exclusions to alleviate the harm to American workers and consumers.”
The following lawsuits were filed at the Court of International Trade during the week of March 22-28:
International Trade Today is providing readers with the top stories from March 22-26 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The Department of Justice appears to be digging in for a fight over the issue of refund relief against the thousands of Section 301 plaintiffs inundating the Court of International Trade seeking to have it declare the lists 3 and 4A Chinese tariffs unlawful. The government won’t support a stipulation in which the plaintiffs, if successful in the massive litigation, could seek refunds of all tariffs paid, regardless of the imports’ liquidation status, including whether the 12-month window on protesting individual liquidations has expired, a DOJ response filed March 26 said.
The Office of the U.S. Trade Representative is asking for public comments on trade actions for retaliatory tariffs on Austria, India, Italy, Spain, Turkey and the United Kingdom related to their digital services taxes, to preserve options before the statutory one-year time period for completing a Section 301 investigation. “The United States is committed to working with its trading partners to resolve its concerns with digital services taxes, and to addressing broader issues of international taxation,” USTR Katherine Tai said. “The United States remains committed to reaching an international consensus through the OECD process on international tax issues. However, until such a consensus is reached, we will maintain our options under the Section 301 process, including, if necessary, the imposition of tariffs.”