CBP and the Justice Department are still considering whether to file an appeal of a Court of International Trade ruling against CBP regulations to prevent excise tax drawback (see 2002270062), said Alexandra Khrebtukova, a lawyer at CBP. “That decision is not yet final” because the appeals period has not yet completed, she said. An appeal would need to be filed by April 20 and “the United States is evaluating whether to file its appeal,” she said. Khrebtukova, who spoke as part of a March 6 panel at the Georgetown University Law Center International Trade Update conference, said she was speaking on her own behalf and not for CBP or the government.
CBP has assessed about $59 billion in duties under the major trade remedies started during the Trump administration as of March 4, according to CBP's trade statistics page. That includes $47.8 billion in duties from the Section 301 tariffs on goods from China, and $335 million in Section 301 tariffs on goods from the European Union. CBP also has assessed about $6.8 billion under the Section 232 tariffs on steel and $2 billion under tariffs on aluminum. The Section 201 trade remedies on washing machines, washing machine parts and solar cells account for $1.6 billion in assessed tariffs. CBP's statistics account for refunds provided to importers.
The Office of the U.S. Trade Representative issued new medical supply product exclusions from the fourth group of Section 301 tariffs on goods from China. The new exclusions from the tariffs "are reflected in 8 10-digit HTSUS subheadings, which cover 59 separate exclusion requests," according to the notice. The product exclusions apply retroactively to Sept. 1, 2019, and will remain in effect until Sept. 1, 2020.
The Office of the U.S. Trade Representative will grant a series of medical product exclusions from List 4 Section 301 tariffs on products from China, it said in a pre-publication copy of a notice. The new exclusions, which are based on 59 separate exclusion requests, cover eight Harmonized Tariff Schedule subheadings: 3401.19.0000, 3926.90.9910, 4015.19.0550, 4818.90.0000, 6210.10.5000, 6307.90.6090, 6307.90.6800 and 6307.90.9889.
CBP issued the following releases on commercial trade and related matters:
Senate Finance Committee Chairman Chuck Grassley, R-Iowa, told reporters March 3 that he still wants to advance legislation that would reform Section 232 -- and he suggested that a greater congressional role might be warranted for Section 301, as well. “I want to move 232 and a number of members of my Finance Committee have talked to me about doing it,” he said, immediately adding that the bill is not an attack on President Donald Trump. He said that while the president's use of tariffs has shown Congress the shortcomings of the laws that allowed national security tariffs on steel and massive tariffs on China, his interest is in reasserting some congressional prerogatives on trade.
CBP added on Feb. 25 the ability in ACE for importers to file entries with recently excluded goods in the first tranche of Section 301 tariffs, it said in a CSMS message. The Office of the U.S. Trade Representative recently added four new exclusions from the first tranche of goods and updated Harmonized Tariff Schedule classifications from that tranche that expired (see 2002100014). The product exclusions and amendments apply retroactively to July 6, 2018, the date the tariffs on the first list took effect, and will remain in effect until Oct. 2, 2020.
International Trade Today is providing readers with some of the top stories for Feb. 24-28 in case they were missed.
The Office of the U.S. Trade Representative is requesting comments on whether the set of tariff exclusions on Chinese imports on Section 301 List 1 that are set to expire May 14 (see 1905100034) should last another year, it said in a notice. The agency will start accepting comments on the extensions on March 12. The comments are due by April 12, it said. The USTR has granted extensions to only six exclusions so far (see 1912190060).
CBP added on Feb. 14 the ability in ACE for importers to file entries with recently excluded goods in the third tranche of Section 301 tariffs, it said in a CSMS message. The official Office of the U.S. Trade Representative notice for the exclusions was published on Feb. 5 (see 2001020035). The exclusions are in subheading 9903.88.38. The exclusions are available for any product that meets the description in the Annex to USTR’s notice, regardless of whether the importer filed an exclusion request. The product exclusions apply retroactively to Sept. 24, 2018, and will expire after Aug. 7, 2020. The CSMS message also includes a summary of Section 301 duties and that shows information on each tranche of tariffs and granted product exclusions.