Trade policy on China should prioritize technology issues and set “benchmarks" for a "phased rollback" of Trade Act Section 301 tariffs, the Information Technology Industry Council wrote new U.S. Trade Representative Katherine Tai Tuesday. It encouraged Tai to "move swiftly" on the commitment she made at her Senate Finance Committee confirmation hearing to install "a transparent, predictable, and rapid process for tariff exclusions.” Reforming the tariff exclusions process would be "very high on my radar" if confirmed, Tai told the committee (see 2102250043). Noting USTR has investigated the digital services taxes policies of several U.S. trade partners, the group asked the agency “to discourage further proliferation of such measures.” USTR didn't comment Wednesday, and ITI didn't answer our queries about whether it got a response from the agency. The Chinese tariffs are “there to be punitive,” rather than to stop China’s allegedly unfair trade practices, ITI CEO Jason Oxman told us in January (see 2011090043).
The three-judge panel in the Section 301 litigation inundating the U.S. Court of International Trade granted Akin Gump’s coordinated proposal designating the first-filed HMTX Industries-Jasco Products complaint as the sole sample case, a procedural order said March 31. Judges also stayed the roughly 3,700 other cases and approved the seating of a 15-member plaintiffs steering committee, also as Akin Gump proposed.
As the U.S. Fashion Industry Association's representatives in Washington try to find out timing for a renewal of the Generalized System of Preferences benefits program, Senate Finance Committee staff members are telling them “there’s a lack of urgency with respect to this” among senators. David Spooner, Washington counsel for USFIA, told an online audience March 30 that Congress seems to think that since importers will get refunds for goods that should have qualified for GSP during this period once it's renewed, it's no big deal. “But we know what a pain in the rear the retroactive renewals are,” he said.
Trade policy in regard to China should prioritize technology issues and establish “benchmarks for a phased rollback of Section 301 tariffs,” the Information Technology Industry Council wrote In a 17-page March 30 letter to U.S. Trade Representative Katherine Tai. “Simultaneously, we encourage you to move swiftly on your hearing commitment to ensure a transparent, predictable, and rapid process for tariff exclusions to alleviate the harm to American workers and consumers.”
The following lawsuits were filed at the Court of International Trade during the week of March 22-28:
International Trade Today is providing readers with the top stories from March 22-26 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
DOJ appears to be digging in for a fight over refund relief for the thousands of Section 301 plaintiffs inundating the U.S. Court of International Trade to declare the Lists 3 and 4A Chinese tariffs unlawful. The government won’t support a stipulation in which the plaintiffs, if successful in the massive litigation, could seek refunds of all tariffs paid, said a DOJ response (in Pacer) Friday in docket 1:21-cv-52. Importers are seeking upfront government support for refunds, regardless of the imports’ liquidation status, including whether the 12-month window on protesting individual liquidations will have expired.
The Department of Justice appears to be digging in for a fight over the issue of refund relief against the thousands of Section 301 plaintiffs inundating the Court of International Trade seeking to have it declare the lists 3 and 4A Chinese tariffs unlawful. The government won’t support a stipulation in which the plaintiffs, if successful in the massive litigation, could seek refunds of all tariffs paid, regardless of the imports’ liquidation status, including whether the 12-month window on protesting individual liquidations has expired, a DOJ response filed March 26 said.
The Office of the U.S. Trade Representative is asking for public comments on trade actions for retaliatory tariffs on Austria, India, Italy, Spain, Turkey and the United Kingdom related to their digital services taxes, to preserve options before the statutory one-year time period for completing a Section 301 investigation. “The United States is committed to working with its trading partners to resolve its concerns with digital services taxes, and to addressing broader issues of international taxation,” USTR Katherine Tai said. “The United States remains committed to reaching an international consensus through the OECD process on international tax issues. However, until such a consensus is reached, we will maintain our options under the Section 301 process, including, if necessary, the imposition of tariffs.”
CBP's consideration of the value that would be added with continuing education for customs brokers requirements remains a “work in progress,” said Brenda Smith, CBP executive assistant commissioner-trade, during a March 25 call with reporters. Smith, whose last day before retirement is March 26 (see 2103170057), said CBP received “a lot of comments” and “across the board, there were a number of concerns that were raised that we are going to have to think through whether the value of requiring continuing professional education outweighs” the costs. “We've got some good insight into how we could analyze those costs and benefits,” she said.