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Bipartisan Letter Asks Tai to Open Section 301 Exclusion Applications to All
January 20, 2022 by Mara Lee|Congress

Almost a third of House members are asking U.S. Trade Representative Katherine Tai to reopen exclusion applications to all importers of Chinese goods subject to Section 301 tariffs. Roughly $250 billion worth of Chinese imports annually are subject to an additional 25% tariff under Section 301; another $112 billion worth of imports are subject to an additional 7.5% tariff.

Topics:Section 301 tariff exclusions
Protest Needed for Judicial Review Over Lack of Section 301 Refund, DOJ Tells Federal Circuit
January 20, 2022 by Jacob Kopnick|Top News

An importer needs to file a protest to claim jurisdiction at the Court of International Trade over protestable CBP decisions, and that includes CBP's assessment of Section 301 tariffs on goods subsequently granted a tariff exclusion, the Department of Justice said in a Jan. 18 brief. DOJ urged the U.S. Court of Appeals for the Federal Circuit to uphold CIT's decision dismissing a lawsuit from ARP Materials and Harrison Steel seeking refunds of the duties, arguing CIT's "residual" jurisdiction under Section 1581(i) does not apply, since the plaintiff-appellants had adequate notice of CBP's actions and actually received Section 301 refunds for some of their entries (see 2109280061) (ARP Materials v. United States, Fed. Cir. #21-2176).

Topics:Court of International Trade activity, Tariff classification rulings
De Minimis Bill Drawing Opposition From Express Shippers, Apparel Companies, Retailers
January 18, 2022 by Mara Lee|Top News

The House Ways and Means Trade Subcommittee chairman's bill that would restrict the use of de minimis for Chinese sellers has already inspired a coalition of opponents, including the U.S. Chamber of Commerce, the Express Association of America, National Retail Federation and others. The Import Security and Fairness Act was introduced Jan. 18.

Topics:Entry Type 86 , Customs duty, World Trade Organization (WTO), Forced Labor
Bluemenauer Introduces Legislation to Restrict De Minimis
January 18, 2022 by Mara Lee|Bulletin

House Ways and Means Subcommittee Chairman Earl Blumenauer is introducing "The Import Security and Fairness Act," which would add some restrictions around the $800 de minimis level. Under the bill, goods from countries that are both non-market economies and on the U.S. Trade Representative's intellectual property watch list wouldn't be eligible for de minimis provisions. Currently, the only country that is both a non-market economy and labeled as an IP violator is China. Blumenauer has said that 83% of de minimis packages come from China.