The government, namely CBP and the Office of the U.S. Trade Representative, should be stopped from denying the application of Section 301 China tariff exclusions to importer Mitsubishi Power Americas' selective catalytic reduction imports, Mitsubishi told the U.S. Court of Appeals for the Federal Circuit. Filing its opening brief on Sept. 12, Mitsubishi said CBP and USTR "misrepresented the original grant of the exclusions to Mitsubishi" when they approved the requests, leading the importer to rely on these "misrepresentations to its detriment" (Mitsubishi Power Americas v. United States, Fed. Cir. # 25-1828).

Beijing is investigating whether U.S. chip policies -- including export controls, tariffs and other trade restrictions -- are discriminating against China’s semiconductor sector by suppressing its firms from developing advanced technologies. China also launched an antidumping investigation on imports of certain U.S. analog chips.

The Office of the U.S. Trade Representative is seeking comments on whether any of the 178 existing Section 301 exclusions should be extended past Nov. 29. Comments must be submitted at https://comments.USTR.gov. The portal will open Sept. 16 at 12:01 a.m. EDT and close Oct. 16 at 11:59 p.m. EDT. A list of all the products that are receiving exclusions also will be at the portal.

Rep. Henry Cuellar, D-Texas, said he has met with customs brokers each of the last three days, and their main ask is no more executive orders changing tariffs that are released on a Friday afternoon or night and take effect on Monday.

The Court of International Trade set aside its previous dismissal for lack of prosecution of importer Warby Parker's case on the applicability of Section 301 exclusions to its glasses frames and lenses. Judge Timothy Reif agreed to restore the case to the customs case management calendar and extend the time for the case to remain on the calendar for another six months (Warby Parker v. United States, CIT # 23-00042).

CBP has clarified the resubmission time frame for rejected entry summaries with trade remedy duties, according to a Sept. 11 cargo systems message. The time limit for rejecting antidumping duty and countervailing duty and trade remedy entry summaries is 60 days without supervisory approval and 300 days with supervisory approval, CBP said. Trade remedy summaries include those subject to Section 232, Section 301, Section 201 and International Emergency Economic Powers Act tariffs. The trade community has 10 working days to respond to AD/CVD and/or trade remedy entry summary rejects, the agency said.

The U.S. defended the Commerce Department's 2019-20 review of the antidumping duty order on tapered roller bearings from China before the U.S. Court of Appeals for the Federal Circuit, backing, among other things, the agency's decision to rely on the financial statements of Timken Romania alone as part of its surrogate value calculations and the decision to deduct the cost of Section 301 duties from respondent Shanghai Tainai Bearing's U.S. price (Shanghai Tainai Bearing Co. v. United States, Fed. Cir. # 25-1405).

The EU wasn't willing to gamble on a trade war, European Commission President Ursula von der Leyen said in her annual "State of the EU" speech.

The FCC released drafts Tuesday providing the details of items slated for votes at the agency’s Sept. 30 open meeting, including a Further NPRM on jamming contraband cellphones smuggled into correctional facilities and kicking off its 2022 quadrennial review of broadcast ownership rules. Two infrastructure items and an order scrubbing wireline regulations as part of the “Delete” proceeding round out the agenda (see 2509080060).

The following lawsuits were filed at the Court of International Trade during the weeks of Aug. 11-17, Aug. 18-24, Aug. 25-31 and Sept. 1-7: