CBP issued the following releases on commercial trade and related matters:
While some individual companies in the medical and protective equipment sector testified that advantaging U.S. production will prevent shortages in the next pandemic, trade groups generally emphasized that stockpiling is the best solution, and that production needs to be globalized for the lowest risk. All were testifying across two days this week to the International Trade Commission, which was tasked with investigating the U.S. production and trade in goods needed for COVID-19 pandemic response, and supply chain challenges revealed in the crisis.
The International Trade Commission issued Revision 22 to the 2020 Harmonized Schedule on Sept. 22, implementing extensions to exclusions from List 3 and List 4 Section 301 tariffs that had been set to expire Sept. 20 (see 2009170037). The extended exclusions are to be filed under new subheadings 9903.88.58 and 9903.88.59, respectively. The ITC also made changes to an already extended exclusion, as directed by USTR in a notice issued Sept. 16 (see 2009150051). The ITC also made technical corrections to a General Note 11 provision on USMCA regional value content for passenger vehicles and light trucks, as well as a Chapter 98 note on the third-country fabric provision for the African Growth and Opportunity Act.
An auto parts company founded by Commerce Secretary Wilbur Ross is among the thousands that filed a lawsuit at the Court of International Trade seeking a refund of tariffs paid on lists 3 and 4 of the Section 301 tariffs. International Automotive Components Group North America filed its suit Sept. 18, represented by solo practitioner Kyl Kirby. While Ross is no longer directly involved with IAC and is not named as defendant in the lawsuit, he has been supportive of the administration's broad use of tariffs. The Commerce Department didn't return a request for comment. A spokesperson for IAC said “we cannot comment on pending legal matters.”
The Court of International Trade should use a case management approach for the numerous Section 301 tariff lawsuits similar to the one used for litigation over the harbor maintenance tax (HMT), the Department of Justice said in a Sept. 23 filing. That should include the selection of a “test case” and a stay of all other cases involved, DOJ said. The filing marks DOJ's first since HMTX Industries filed suit to force refunds of Section 301 tariffs paid on lists 3 and 4 goods from China (see 2009110005).
CBP issued the following releases on commercial trade and related matters:
House Ways and Means Committee Trade Subcommittee Chairman Earl Blumenauer, D-Ore., cast doubt on Congress voting to renew the Generalized System of Preferences trade benefits program before it expires, and on passing a new Miscellaneous Tariff Bill to cover imports in 2021 and 2022. He told an online audience at the Washington International Trade Association Sept. 23 that it's too soon to say whether a vote would be possible.
International Trade Today is providing readers with the top stories from Sept. 14-18 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
Whether the deadline has passed for court challenges to lists 3 and 4 of Section 301 tariffs of goods from China continues to be in question, lawyers following the case have said. While some have pegged the deadline to Sept. 21 based on a two-year statute of limitations from when the List 3 tariffs were published in the Federal Register (see 2009160056), other factors remain in play. Filing sooner rather than later is seen as preferable, the lawyers said.
The International Trade Commission recently issued Revision 21 to the 2020 Harmonized Tariff Schedule. This latest revision implements a cut to Section 232 quotas on Brazilian semi-finished steel that took effect Aug. 28 (see 2008310010), and changes to the U.S.-Singapore Free Trade Agreement rules of origin that had been part of the proclamation implementing USMCA at the end of July (see 2006300079). It also reflects extensions to List 4 Section 301 exclusions that had been set to expire Sept. 1 (see 2008310013), now filed under new tariff subheading 9903.88.57.