The following lawsuits were recently filed at the Court of International Trade:
Granting a government counterclaim that unfinished steel tubes are subject to Section 301 tariffs and imposing the additional duties would be an unconstitutional action by the Court of International Trade "imposing a tax solely based on judicial power," Maple Leaf Marketing argued in a May 12 brief at the Court of International Trade (Maple Leaf Marketing v. United States, CIT # 20-03839).
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
Actuator cable assemblies assembled in Mexico from Chinese motors and various parts from China, Taiwan, the U.S. and Mexico are products of China based on the motor's predetermined end use, CBP said in a recent ruling -- the first publicly released that cites the Court of International Trade's recent decision in an origin case involving Cyber Power (see 2302270064).
Plaintiffs in the massive Section 301 litigation officially filed on May 12 their notice of appeal of the Court of International Trade's decision upholding President Donald Trump's tariff action on China. The case was filed in the U.S. Court of Appeals for the Federal Circuit. CIT had agreed that the Office of the U.S. Trade Representative complied with Administrative Procedure Act requirements when it set lists 3 and 4A Section 301 tariffs (see 2303170063) (In Re Section 301 Cases, CIT # 21-00052).
A note to the Harmonized Tariff Schedule specifies that, in order to qualify as water resistant, goods must both meet a water seepage standard and incorporate either rubber or plastics. Maine's two U.S. senators recently introduced a bill that would drop the clause on plastics and rubber that is part of the additional note to Chapter 62.
The Office of the U.S. Trade Representative announced that 77 of 81 items previously granted Section 301 exclusions due to the COVID-19 pandemic will continue through Sept. 30. The rest will expire at the end of May. All the exclusions had been scheduled to end May 15.
Senate Finance Committee ranking member Mike Crapo, R-Idaho, said that he and Chairman Ron Wyden, D-Ore., have not delved into details about what they might keep and what they might drop from the U.S. Innovation and Competition Act trade title as the Senate tries for a second China competition bill. But, Crapo said, with regard to the Section 301 exclusion process directive that was part of the June 2021 package, it may not be on the agenda.
The Office of the U.S. Trade Representative announced it is extending through Sept. 30 exclusions for 77 of 81 COVID-19-related products previously granted Section 301 exclusions. The other four will expire at the end of May. All the exclusions had been scheduled to end May 15.
Sen. Josh Hawley, a populist Republican from Missouri, said he's linking a proposal to hike tariffs on Chinese imports to the debt ceiling and budget deficit debate because he believes it could revive "good-paying manufacturing jobs" in America. In his view, the loss of these jobs is a "huge" driver of the federal government's deficit, as it doesn't bring in enough revenue to cover its spending.