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.

The New Democrat Coalition announced the release July 19 of a new economic plan that includes a "comprehensive, fair, and transparent exclusion process for existing Section 301 tariffs." The caucus' Economic Opportunity Agenda says the exclusion process will "cut costs for Americans and ease global supply chain constraints."

The House Select Committee on China, having heard from witnesses advocating a punitive approach to Chinese trade and investment (see 2305180064), asked to hear from advocates for both that approach and a more moderate one in a debate on Capitol Hill.

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."

The Office of the U.S. Trade Representative exceeded its authority in imposing the lists 3 and 4A Section 301 tariffs on China, covering a total of $320 billion worth of Chinese imports, plaintiff-appellants in the massive case against the duties, led by HTMX Industries and Jasco Products Co., argued in their opening brief at the U.S. Court of Appeals for the Federal Circuit. Appealing the Court of International Trade's decision upholding the tariffs (see 2204010061), the companies said USTR did not have the authority to set the duties since the authority was not directly delegated by Congress, in violation of the "major questions doctrine" (HMTX Industries v. United States, Fed. Cir. # 23-1891).

The Office of the U.S. Trade Representative is amending two exclusions from Section 301 tariffs to conform the tariff numbers in the descriptions of the exclusions to recent tariff schedule changes, it said in a notice. The affected exclusions are found at U.S. Notes 20(ttt)(iii)(73) and 20(ttt)(iii)(74) to subchapter III of Chapter 99.

The following lawsuits were filed at the Court of International Trade during the week of July 10-16:

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

The Commerce Department shouldn't have relied on adverse facts available in an antidumping duty review on tapered roller bearings from China for a fully cooperative entity that attempted to obtain information from its suppliers but couldn't secure their cooperation, Chinese bearing exporter Shanghai Tainai Bearing said in a July 13 motion for judgment at the Court of International Trade. Court precedent doesn't require a party to provide information not in its possession and which it can't reasonably obtain, the company said (Shanghai Tainai Bearing v. U.S., CIT # 23-00020).

Treasury Secretary Janet Yellen, who has in the past been a skeptic of the utility of the broad scope of Section 301 tariffs on Chinese imports (see 2205180036), rejected the premise of a reporter's question that the U.S. could remove tariffs to "extend an olive branch" to China.