In the June 9 Customs Bulletin (Vol. 55, No. 22), CBP published a proposal to revoke and modify rulings on portable food allergen detection device, single-use pods and a starter kit.
The China package once known as the Endless Frontier Act passed the Senate with 68 votes. The U.S. Innovation and Competition Act includes a trade amendment that authorizes a new Miscellaneous Tariff Bill, restarts applications for Section 301 tariff exclusions, adds an inspector general to the Office of the U.S. Trade Representative, renews the Generalized System of Preferences benefits program for more than five years and directs the CBP to increase inspections of imports with the aim of finding counterfeits. The bill passed the evening of June 8.
Akin Gump lawyers for the Section 301 sample case plaintiffs, HMTX Industries and Jasco Products, asked the U.S. Court of International Trade to hear oral argument on the preliminary injunction they seek to freeze the liquidation of unliquidated customs entries from China with Lists 3 and 4A tariff exposure. “This unprecedented litigation concerns billions of dollars, over 3,800 separate lawsuits, and an even larger number of individual plaintiffs,” said Friday's motion (in Pacer). They filed for the injunction April 23 after the government refused to stipulate plaintiffs will be entitled to refunds of liquidated entries if they win the litigation and the court declares the tariffs unlawful (see 2104250002). DOJ opposes the injunction and stands by its refusal of the stipulation due to the “uncertainty” of the case law on refund relief (see 2105160001).
Akin Gump lawyers for the Section 301 sample case plaintiffs, HMTX Industries and Jasco Products, asked the U.S. Court of International Trade to hear oral argument on the preliminary injunction they seek to freeze the liquidation of unliquidated customs entries from China with Lists 3 and 4A tariff exposure. “This unprecedented litigation concerns billions of dollars, over 3,800 separate lawsuits, and an even larger number of individual plaintiffs,” said Friday's motion (in Pacer). They filed for the injunction April 23 after the government refused to stipulate plaintiffs will be entitled to refunds of liquidated entries if they win the litigation and the court declares the tariffs unlawful (see 2104250002). DOJ opposes the injunction and stands by its refusal of the stipulation due to the “uncertainty” of the case law on refund relief (see 2105160001).
Akin Gump lawyers for the Section 301 sample case plaintiffs, HMTX Industries and Jasco Products, asked the Court of International Trade to hold oral argument on the preliminary injunction they seek to freeze the liquidation of unliquidated entries from China with lists 3 and 4A tariff exposure. “This unprecedented litigation concerns billions of dollars, over 3,800 separate lawsuits, and an even larger number of individual plaintiffs,” their June 4 motion said. They filed for the injunction April 23 after the government refused to stipulate that the plaintiffs will be entitled to refunds of liquidated entries if they win the litigation and the court declares the tariffs unlawful. The government opposes the injunction and stands by its refusal of the stipulation due to the “uncertainty” of the case law on refund relief, it said May 14 (see 2105170007).
The administration issued a lengthy report after a 100-day review of supply chain vulnerabilities that recommends a lot of reshoring of manufacturing, in semiconductors, critical minerals and pharmaceutical ingredients, but also suggests a "trade strike force" to be deployed against unfair foreign trade practices that have hurt domestic companies that contribute to critical supply chains.
A Japanese and a Korean economist said that trade tensions between their two countries are no longer really disrupting Korea's semiconductor industry, though they are still increasing costs for some of the Japanese exporters.
Belkin International added its name Thursday to the massive Section 301 litigation at the U.S. Court of International Trade, seeking to vacate the Lists 3 and 4A tariffs and get the duties refunded on allegations the tariffs are unlawful under the 1974 Trade Act and 1946 Administrative Procedure Act. Foxconn-owned Belkin imports 69 categories of consumer tech accessories and other goods from China with List 3 tariff exposure and 26 categories with exposure to List 4, said its complaint (in Pacer). Belkin joins the growing list of cases being stayed without assignment to the court’s three-judge panel presiding over the HMTX-Jasco sample 301 case under the April 28 administrative order signed by Chief Judge Mark Barnett (see 2104290002). Akin Gump attorneys for HMTX-Jasco also represent Belkin.
The Customs Rulings Online Search System (CROSS) was updated June 3 and 4 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):
The immediate past U.S. trade representative criticized an amendment attached to a China package which would renew the Miscellaneous Tariff Bill, and restart the exclusions for Section 301 tariffs on Chinese imports. The amendment, which got more than 90 votes in the Senate, also renews the Generalized System of Preferences benefits program, but Robert Lighthizer was silent on that aspect of the bill.