Holding China accountable for its commitments under the January 2020 phase one trade deal (see 2001160022) will be the “starting point” of “realigning” U.S. trade policies toward China, U.S. Trade Representative Katherine Tai told a Center for Strategic and International Studies conference Monday. “We will discuss with China its performance” under the phase one deal, she said. Her prepared remarks and the Q&A that followed were peppered with strong talk toward Beijing.

The government stands by its arguments that the lists 3 and 4A Section 301 tariffs on Chinese goods are “presidential actions” that are “unreviewable” by the court, the Department of Justice said in a late filing on Oct. 1 at the Court of International Trade (In Re Section 301 Cases, CIT #21-00052).

The Office of the U.S. Trade Representative is seeking comments on whether it should reinstate hundreds of Section 301 product exclusions that expired either late last year or early this year. The public docket at https://comments.USTR.gov will open Oct. 12, and parties can submit comments until Dec. 1. The agency is asking that commenters not only weigh in on specific products, but also on how long the exclusions should last.

The rollout of the new China trade policy looks a lot like the old China policy, with a new chance at Section 301 exclusions and all the tariffs remaining for now. U.S. Trade Representative Katherine Tai suggested during the speech on the results of the China policy review that she doesn't have much hope for getting more structural reform that the phase one China agreement did not secure.

The office of the U.S. Trade Representative plans to restart a Section 301 tariff exclusions process, and has no immediate plans to remove any of the Section 301 tariff targets now that its comprehensive China review is over. However, a government official who spoke on background during an Oct. 3 call with reporters said, "We also want to make sure to align existing tariffs to those [Biden-Harris administration] priorities."

The following lawsuits were recently filed at the Court of International Trade:

CBP created Harmonized System Update (HSU) 2109 on Sept. 29, containing 477 Automated Broker Interface records and 99 Harmonized Tariff Schedule records, it said in a CSMS message. The update reflects the extended exclusion from Section 301 tariffs on China of headings that cover goods used in treating COVID-19 (see 2109270044). Those headings -- 9903.88.62, 9903.88.63, 9903.88.64 and 9903.88.65 -- will now expire Nov. 14. CBP also issued a guidance on the subject.

The U.S. Trade Representative announced that Vietnam has committed to keep illegally traded timber out of the supply chain, so no trade action is warranted as a result of the Section 301 investigation. Vietnam agreed to improve customs enforcement at the border with high-risk source countries, and to collaborate on enforcement with those countries, in addition to other verification and seizure practices.

A Section 301 investigation into illegal timber trade in Vietnam will result in no tariffs on Vietnamese goods, U.S. Trade Representative Katherine Tai said Oct. 1. Many stakeholders argued against a punitive approach on the issue (see 2011160027), including groups that fight the harvest of rare wood, such as the Sustainable Furnishings Council and the Environmental Investigation Agency.

The Customs Rulings Online Search System (CROSS) was updated Sept. 24 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):