Midway through the second term of solar safeguards, imports of solar panels (modules) and cells have been climbing, and the market has almost entirely shifted to bifacial solar panels, which were at first carved out of the safeguard. Whether a decision to revoke that exclusion in 2019 was legal is still being litigated (see 2311130031 and 2401290014).

The Customs Rulings Online Search System (CROSS) was updated Feb. 6 with the following headquarters ruling (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):

U.S. Trade Representative Katherine Tai, speaking at the University of Chicago, sidestepped a question about whether the administration would change the Section 301 tariffs, saying that although "there's a lot of drama and emotion around tariffs," the China tariffs are "the least interesting aspect of the management of our trade and economic relationship."

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

Trade groups representing importers of motor vehicles are asking the Interagency Autos Committee to advocate for allowing used cars made during the NAFTA years to enter duty free if those vehicles qualified for NAFTA benefits, and to make it easier to prove that cars built since July 1, 2020, qualify for USMCA tariff benefits.

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

Automakers and their suppliers are telling the Biden administration in comments submitted ahead of an upcoming report that not having a form for certificate of origin has paradoxically made compliance more difficult. They also said that companies are having a difficult time certifying how much workers in the supply chain earn, and that the absence of final USMCA regulations are all problems for trade compliance in the more than three years since USMCA took effect.

Importer MCM Technologies on Jan. 30 dismissed its suit challenging CBP's denial of its protest regarding the classification of its pet identification tags. The importer said the tags, which are classified under Harmonized Tariff Schedule subheading 8302.49.4000, qualify for an exclusion from Section 301 tariffs under secondary subheading 9903.88.4800. Counsel for MCM Technologies declined to comment (MCM Technologies v. U.S., CIT # 22-00005).

Both of Georgia's senators, plus Sens. Sherrod Brown, D-Ohio, and Marco Rubio, R-Fla., urged the Biden administration to raise Section 301 tariffs on Chinese solar panels, cells and wafers. They said a Chinese panel costs more than 60% less than U.S.-made panels.

The following lawsuits were filed at the Court of International Trade during the week of Jan. 22-28: