A senior adviser to the U.S. trade representative said that Section 301 tariffs are no longer in place to try to change Chinese economic behavior but suggested they can't be modified unless trade policymakers understand how removing them would influence the administration's desire "to move to a resilience economy away from an efficient economy."
The Housing Affordability Coalition, a new group inspired by the invitation to submit information to the government about the economic impact of Section 301 tariffs on Chinese imports, is arguing that higher tariffs on such items as vinyl flooring, cabinets, light fixtures, windows and the like is contributing to higher costs for new houses.
The Border Trade Alliance, which previously came out against a Florida request to the administration to open a Section 301 investigation on produce imports from Mexico, sent a letter to U.S. Trade Representative Katherine Tai on the matter Sept. 21.
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Countries whose industries have been damaged by Chinese oversubsidization and overcapacity have tried to discourage subsidies in China, with results that have "been mixed at best," said Anna Ashton, the Eurasia Group's director of China corporate affairs and U.S.-China relations. She said allowing China to join the World Trade Organization, more than 20 years ago, was part of this system of carrots and sticks to effect changes in China.
The Court of International Trade in its April 1 remand order gave the Office of the U.S. Trade Representative “one final opportunity” to cure its Administrative Procedure Act violations and "flesh out" the reasons why it rejected the 9,000+ comments it received in the lists 3 and 4A Section 301 tariff rulemakings, without devising “new rationales for dismissing them,” Akin Gump lawyers for lead Section 301 plaintiffs HMTX Industries and Jasco Products said in comments on USTR’s Aug. 1 remand determination. “USTR’s response to that directive flunks the Court’s test,” they said (In Re Section 301 Cases, CIT #21-00052).
The Court of International Trade “bent over backwards” to allow the Office of the U.S. Trade Representative to comply with its Administrative Procedure Act obligations in its imposition of the lists 3 and 4A Section 301 tariffs on Chinese goods when it remanded the duties to the agency for further explanation on the rationale for the actions it took in the context of the comments it received, said an amicus brief filed Sept. 14 in the massive Section 301 litigation from the Retail Litigation Center, CTA, the National Retail Federation and four other trade associations. With USTR’s “non-responsive” answer to the remand order, the time has come for the court “to impose the normal remedy for unlawful agency action” and to vacate the lists 3 and 4A tariffs, it said (In Re Section 301 Cases, CIT #21-00052).
The following lawsuits were filed at the Court of International Trade during the week of Sept. 5-11:
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
A trade group that represents firms that import Mexican produce fired back at a Florida delegation that had asked the U.S. trade representative to initiate an investigation against Mexican growers under Section 301 (see 2209090052).