An agricultural exporter recently joined a Supreme Court challenge of the constitutionality of Section 232 duties on steel and aluminum imports. Basrai Farms says the brunt of retaliatory tariffs imposed worldwide in response to the U.S. tariffs has fallen on the agriculture industry, and that the Supreme Court should find Section 232 unconstitutional because President Donald Trump was required to consider these broader effects when imposing the tariffs.
Canada and Mexico each on May 20 ended their retaliatory tariffs on U.S. goods in response to the end of U.S. Section 232 tariffs on steel and aluminum products from the two countries (see 1905170058). General safeguard duties set by each country remain in place but don’t affect U.S. exports.
Mexican customs will not enforce certificate of compliance requirements for imports of automobile safety belts at the time of entry into the country, said the Confederation of Mexican Customs Broker Associations in a May 15 bulletin. At this time, there are no accredited and approved certification bodies to evaluate conformity with Mexican standards for safety belts under Mexican tariff schedule subheading 8708.21.01, the bulletin said. The exemption will remain in place until one year after the policy was issued on May 2.
A Chinese Foreign Ministry spokesperson sidestepped questions at a Beijing news conference May 17 about media reports suggesting new U.S.-China trade talks are off the table for now. Presidents Donald Trump and Xi Jinping “have maintained contact through various means,” the spokesperson said. The Office of the U.S. Trade Representative didn’t comment. The U.S. and China “intend to continue further discussions,” a USTR notice in the Federal Register said, officially proposing the 25 percent Section 301 tariffs on $300 billion in Chinese goods not previously dutied. Requests to appear at public hearings on the proposed List 4 tariffs are due June 10 in docket USTR–2019–0004 at regulations.gov, and written comments are due June 17, the same day the hearings are set to begin. Post-hearing rebuttal comments are due seven days after the hearings end.
China’s May 13 announcement of additional tariffs on U.S. imports is expected to impact more than 300 U.S. agricultural products that were valued at about $3 billion in 2017, according to a May 17 report from the U.S. Department of Agriculture's Foreign Agricultural Service. The products affected “encompass a broad range of categories,” USDA said, including “live animals and animal products, horticultural products, grains and oilseeds, food ingredients, prepared foods, wine and distilled spirits, and sweeteners.” Combined with earlier tariff increases announced by China since April 2018, “this brings the total number of U.S. agricultural and related products targeted” by China to over 1,000 products valued at about $22.6 billion in 2017, USDA said. USDA urges U.S. exporters to “check with their local importers to verify the changes in tariff treatment.”
The Canada Border Services Agency is looking closely at surtax payments due on imports from the U.S. that were required as part of Canada's retaliatory tariffs, a CBSA spokesman said May 17. "The CBSA has been analysing import data and conducting compliance activities to verify that the correct amount of surtax was paid by importers since the summer of 2018," the spokesman said by email. "These activities are continuing on an ongoing basis and additional assessments of surtax owing are issued where appropriate." KPMG recently noted an uptick in CBSA audits on the surtaxes (see 1905130062).
U.S. exporters applauded the Trump administration's plans to roll back steel and aluminum tariffs and the decision by both Canada and Mexico to lift retaliatory tariffs.
Though allegations that China’s “retreat” from previous commitments in the trade talks with the U.S. were the Trump administration’s grounds for hiking the List 3 Section 301 tariffs to 25 percent and proposing a fourth tranche of duties on remaining Chinese imports not previously dutied, it was the U.S. side that actually reneged, suggested a Chinese Foreign Affairs Ministry spokesperson May 16. “It takes sincerity to make a consultation meaningful,” the spokesperson said during a press conference. “Judging from what the U.S. did in previous talks, there are two things we have to make clear,” he said. “First, we need to follow the principle of mutual respect, equality and mutual benefit. Second, words must be matched with deeds. Flip-flopping is the last thing we need.” During the various rounds of trade negotiations, the U.S. “repeatedly rejected rules in consultations and brought difficulties to the talks, while China, on the other hand, has been acting in a constructive spirit all along,” he said. “The international community bears witness to all this.” The Office of the U.S. Trade Representative didn’t comment.
President Donald Trump said May 17 said the U.S. has also reached an agreement with Mexico to drop U.S. Section 232 tariffs. The Mexican government issued a statement that said it would be lifting all its retaliatory tariffs in response. Mexico had targeted U.S. pork, dairy and metals. Mexican President Andres Lopez Obrador noted in the statement that this agreement will allow the countries to move forward with ratifying the new NAFTA, which is known in that country as the Treaty between Mexico, the United States and Canada, or T-MEC, for the Spanish acronym. The Mexican statement did not say how quickly the tariffs and retaliatory tariffs would be lifted. A joint statement from Canada and the U.S. said tariffs would end under a similar agreement within 48 hours.
The 25 percent Section 232 tariffs on Canadian steel and the 10 percent tariffs on aluminum will be removed within 48 hours, Canada and the U.S. said May 17. When the metals tariffs are removed, Canada will also roll back its retaliatory tariffs, which hit American metals and agriculture, as well as some prepared food. The joint statement said stricter customs enforcement to prevent transshipment will be coordinated between Canada and the U.S.