Talks toward a comprehensive trade agreement with the United Kingdom would likely continue under a Joe Biden administration, though when a deal could be reached is unclear, K&L Gates partner Stacy Ettinger said during a webinar on how trade policy would change if there is an administration change after the election, or progress if there is a second Trump administration. Ettinger, a staffer for Senate Minority Leader Sen. Chuck Schumer, D-N.Y., before joining the private sector, was joined by former White House trade staffer Clete Willems, now at Akin Gump, during a webinar Oct. 20 hosted by American University's law school.
Section 301 (too broad)
The following lawsuits were filed at the Court of International Trade during the week of Oct. 12-18:
An economist in Europe and one in the U.S. say policymakers talking about the vulnerabilities of supply chains are drawing the wrong conclusions from the shortages of personal protective equipment, but while they say policy decisions should be fact-based, it's not clear that procurement professionals can influence the politicians. Simon Evenett, an international trade professor at Switzerland's University of St. Gallen, said during a Peterson Institute for International Economics program that in most medical goods and medicines, China is not the largest supplier, though it is for PPE.
Grunfeld Desiderio counseled clients in the Section 301 litigation to consider a “sliding scale” of options on filing timely complaints within the two-year statute of limitations window that qualifies importers to recover duties paid if the suits are successful, partner Ned Marshak said in an Oct. 19 interview. The firm filed more than 800 of the nearly 3,600 complaints inundating the Court of International Trade. Its Sept. 16 complaint on behalf of YC Rubber was the first to follow Akin Gump's suit for lead plaintiff HMTX Industries.
International Trade Today is providing readers with the top stories from Oct. 13-16 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
Chief Judge Timothy Stanceu of the U.S. Court of International Trade should “automatically stay” all but the lead HMTX Industries-Jasco Products complaint in the Section 301 litigation and designate HMTX-Jasco as the “test case,” the Department of Justice said in an Oct. 19 motion to adopt case management procedures. All the nearly 3,600 complaints inundating the CIT seek to vacate the lists 3 and 4A tariff rulemakings and get the duties refunded. The roster of complaints attached to DOJ’s motion takes up 187 pages.
The International Trade Commission on Oct. 14 issued Revision 23 to the 2020 Harmonized Tariff Schedule. The latest edition implements extensions to exclusions from Section 301 tariffs on products from China under new subheadings 9903.88.60 and 9903.88.61 (see 2010010038). A few technical corrections are also made to General Note 11 on USMCA.
There is some industry concern that a proposal to end the de minimis exemption to Section 301 goods isn't considered “economically significant,” an executive following the issue said. CBP submitted to the Office of Management and Budget a proposed rule titled “Excepting Merchandise Subject to Section 301 Duties from the Customs De Minimis Exemption,” according to OMB’s Office of Information and Regulatory Affairs website (see 2009040026).
CBP issued the following releases on commercial trade and related matters:
France recently said it would not wait for the Organization for Economic Cooperation and Development to reach a compromise on digital services taxes, and said that it would start collecting taxes on internet giants in December. The National Foreign Trade Council said that's extremely troubling. “Moving ahead with a unilateral DST threatens to sap whatever political momentum exists to find multilateral consensus at the OECD, and to worsen bilateral economic relations with the United States,” said NFTC Vice President for Global Trade Issues Jake Colvin. “This move by France will only give cover to other countries to move ahead with implementing and collecting other discriminatory services taxes, which would fray the global international tax framework.” The Office of the U.S. Trade Representative has said it would levy Section 301 tariffs on French imports if the DST is implemented, including on champagne (see 2007130043).