A new bill from the Senate Foreign Relations Committee's top Republican and a Democratic member would renew the African Growth and Opportunity Act trade preference program for 16 years, offer more flexibility on country eligibility reviews, and soften the high-income graduation rules.
Notable CROSS rulings
International Trade Commissioners grappled with how they should fulfill the administration's request for a report on the export competitiveness of the Bangladeshi, Indian, Cambodian, Indonesian and Pakistani apparel sectors over the last 11 years -- is it to uncover how those countries' successes could offer lessons to other developing countries that want to industrialize? Is the success of Bangladesh, which is near to crossing the threshold into a middle-income country largely on the strength of its garment sector, a country with an "unnatural and unfair advantage," because of its suppression of unions and wages, as the AFL-CIO's Eric Gottwald asserted?
The Biden administration on Feb. 21 announced a series of actions intended to strengthen cybersecurity at U.S. ports, including mandatory incident reporting requirements and minimum cybersecurity standards for ports and vessels.
The Commerce Department on Jan. 31 finalized an interim rule on the dispute settlement mechanism for reviewing antidumping and countervailing duty decisions from the U.S., Canada and Mexico. The rule references the provision under the United States-Mexico-Canada Agreement as opposed to the relevant article under the North American Free Trade Agreement -- the predecessor to the USMCA.
The U.S. affiliate of a Dutch multinational company didn’t have the right to make entry, despite claiming to act as a sales agent and receiving a commission based on sales of the underlying merchandise, CBP said in a ruling recently posted to its Customs Rulings Online Search System (CROSS) database.
The Federal Maritime Commission finalized several changes to its rules for carrier automated tariffs, including one that would bar carriers from charging a fee to access their tariff systems and others that aim to increase transparency around certain “pass-through” charges assessed to shippers. The FMC also abandoned a proposed change that would have required the documentation for a broader range of containers to include the name of all non-vessel operating common carriers with touchpoints to that cargo, a proposal that faced strong opposition from multiple trade groups and logistics companies.
The Court of International Trade doesn't have jurisdiction to hear importer Southern Cross Seafoods' challenge to the National Marine Fisheries Service's rejection of its application for preapproval to import Chilean sea bass, the court ruled Dec. 7. Judge Timothy Reif said that the agency's decision, issued under the Antarctic Marine Living Resources Convention Act of 1984 (AMLRCA), doesn't constitute an "embargo or other quantitative restriction," barring jurisdiction under Section 1581(i), the court's "residual" jurisdiction.
Three-quarters of the Republican majority on the House Ways and Means Committee, along with five committee Democrats, told the U.S. trade representative that they oppose her "decision to abandon important bipartisan digital trade proposals at the World Trade Organization (WTO). This action, which was made without sufficient consultation with Congress, runs counter to the interests of American workers and businesses of all sizes and cedes more leverage to other foreign powers, including the Peoples’ Republic of China, that seek to write the rules of the 21st-century digital economy. We urge the administration to reconsider its approach."
The Senate Finance Committee's top Republican, along with seven of his colleagues, accused Office of the U.S. Trade Representative officials of misleading congressional staff on what they would be negotiating on digital trade at the World Trade Organization. "As recently as this weekend, USTR officials told congressional staff that they had not abandoned support for negotiating the free data flow commitments at issue," Sen. Mike Crapo, R-Idaho, and his colleagues wrote Oct. 26.
The panel deciding whether Mexico's policy on genetically modified corn breaks the rules of the USMCA will probably rule by March 2024, Mexican Economy Minister Raquel Buenrostro said at a press conference in Washington after the High Level Economic Dialogue meetings Sept. 29.