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4 Law Professors Tell CAFC USTR Had No Authority to Impose Retaliatory Section 301 Tariffs
July 26, 2023 by Jacob Kopnick|Top News

The Office of the U.S. Trade Representative's defense of its decisions to impose lists 3 and 4A Section 301 tariffs "makes a mockery of a detailed law in which Congress circumscribed what USTR may do and on what basis," four administrative and trade law professors said in an amicus brief. Filing at the U.S. Court of Appeals for the Federal Circuit July 24, the professors said USTR did not have the statutory authority to impose the retaliatory duties on $320 billion worth of Chinese goods because the statute did not allow retaliation to serve as the basis for the duties, nor did it allow the drastically larger price tag (HMTX Industries, et al. v. U.S., Fed. Cir. # 23-1891).

Topics:Country of origin cases
Section 301 Review Will Finish This Fall; USTR Says Initial Steel Agreement Will Cover Only Scope 1
July 21, 2023 by Mara Lee|Congress

The Biden administration will complete its review of the Section 301 tariffs "this fall," U.S. Trade Representative Katherine Tai wrote to senators, and while she did not commit to any course of action, she wrote: "As part of the 4-Year Review of the Section 301 tariffs, USTR is reviewing the effectiveness of the tariffs in achieving the objectives of the investigation, as well as the effect of the tariffs on consumers, workers, and the U.S. economy at large. As part of this review, we are considering the existing tariffs structure and how to make the tariffs more strategic in light of impacts on sectors of the U.S. economy as well [as] the goal of increasing domestic manufacturing."

CIT Sides With Government in 'Backhoe' Classification Case
July 21, 2023 by Ben Perkins|Bulletin

The government correctly classified counterweights for mini-excavators as "backhoe" parts under tariff subheading 8431.49.9044, meaning that they were not eligible for Section 301 tariff exclusion, ruled the Court of International Trade in a July 21 opinion. Judge Jane Restani sided with the government's dictionary definitions of "backhoe" and "excavator," rather than Norca's industry usage. Even if Norca’s argument about the commercial understanding is correct, "Norca cannot overcome legislative intent," said the court. The CIT cannot accept a commercial meaning that is at odds with the tariff schedule itself, Restani said in her ruling.

Topics:Court of International Trade activity