A number of U.S. trade groups questioned the evidence behind the Office of the U.S. Trade Representative's assertions that Vietnam is importing illegal timber, and the assertion that those logs end up in exported products going to the U.S. The groups said in comments to the agency that the notice initiating the Section 301 investigation contained no citations for these claims. Both trade groups and companies asked for a virtual public hearing, and the right to rebut others' submissions.
Section 301 (too broad)
The majority of comments from U.S. interests submitted on whether the U.S. should do anything to pressure Vietnam to stop manipulating its currency favor not putting tariffs on Vietnamese imports. Many comments filed in the docket express disagreement with the very premise of the investigation. HanesBrands, which manufacturers apparel in Vietnam that is exported to the U.S., Australia, Canada, the European Union and China, requested a public hearing on the investigation, and quoted the statute that requires such a hearing if requested by any interested person.
Although President-elect Joe Biden has said he wants to focus on domestic issues before turning to trade, Brian Pomper, a former chief international trade counsel when the Senate Finance Committee was controlled by Democrats, said he's going to have to deal with trade right away if the Trump administration imposes tariffs on France on Jan. 1 over its digital services tax proposal.
CBP has some qualms with the operational aspects of ending the de minimis exemption for goods subject to Section 301 tariffs, Executive Assistant Commissioner for International Trade Brenda Smith said while speaking on the virtual Coalition of New England Companies for Trade conference on Nov. 9. There's a CBP proposal for the change that's under Office of Management and Budget review (see 2009040026). “We do have some concerns,” she said.
CBP has been swamped with hundreds of thousands of protests related to Section 301 litigation on lists 3 and 4A China tariffs, as importers seek to preserve their rights to refunds if the lawsuits are successful, Robert Silverman of Grunfeld Desiderio said Nov. 9. Negotiations are ongoing with the Department of Justice to untether claims from liquidation dates, which would free importers from potentially having to file the protests to protect their rights, Silverman said, speaking at the Coalition of New England Companies for Trade’s virtual Northeast Cargo Symposium. “We’re trying to get DOJ to agree that liquidation is irrelevant. If they do, then we can stop filing these silly protests,” he said.
Americans for Free Trade, a trade group opposed to Section 301 tariffs, wrote to U.S. Trade Representative Robert Lighthizer asking that the Office of the U.S. Trade Representative extend Section 301 tariff exclusions scheduled to expire Dec. 31. “As American businesses continue to recover from the COVID-19 pandemic, they should not have to face the uncertainty of tax increases on January 1 because of a reimposition of tariffs on previously excluded products. It remains unclear whether USTR intends to offer additional product exclusion extension opportunities for the remaining exclusions. We believe it is crucial for USTR to do so,” the letter said. The group also asked USTR to extend all product exclusions that are currently in force for at least six months.
The following lawsuits were filed at the Court of International Trade during the week of Nov. 2-8:
A Joe Biden administration is seen by many as likely to return the U.S. to a more traditional approach to international trade, but there's much still unknown about how and when an unwinding of the Trump administration's policies would occur. Biden would be able to make meaningful changes around trade regardless of whether Republicans retain Senate control, and there is an expectation that he would undertake a “review” of Trump's trade remedies, including under sections 232 and 301, according to a report in The Wall Street Journal.
The mistrust by the current administration of the de minimis exemption for low-value shipments may provide an opportunity to revise the law and address some inconsistent approaches, Bryan Wolfe, vice president-international trade at Ascena Retail Group, said during the National Association of Foreign-Trade Zones virtual conference on Nov. 6. Ascena, the parent company of Ann Taylor, Loft and other brands, is a leading member of Ship Safe Coalition, which advocates for policy changes around de minimis. The coalition expects that some coming changes to the de minimis entry process could be a time for “compromise between eliminating de minimis altogether and keeping it as is,” Wolfe said in his presentation.
The following lawsuits were filed at the Court of International Trade during the week of Oct. 26 - Nov. 1: