The Section 301 tariff rulemakings typified the Office of the U.S. Trade Representative's “unreasoned decision making” that’s “impermissible” under the Administrative Procedure Act, the Consumer Technology Association argued in September 2018 comments on List 3 of the tariffs (see 1809070025) that draw strong parallels to the HMTX-Jasco litigation challenging lists 3 and 4A tariffs. CTA used Akin Gump to help draft the comments two years ago. It was where CTA first floated the idea of challenging the tariffs in court. The complaint Akin Gump drafted for CTA (see 2009220029) that the association never followed through on is seen as a template for the HMTX-Jasco litigation now ongoing.
Section 301 (too broad)
The Washington counsel for the U.S. Fashion Industry Association told members that it's not time yet to think about moving production out of Vietnam, in light of the recently announced Section 301 investigation into currency manipulation in that country (see 2010050036).
The following lawsuits were filed at the Court of International Trade during the week of Oct. 5-11:
International Trade Today is providing readers with the top stories from Oct. 5-9 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
Battery-powered electric bikes assembled in China from mostly Taiwanese parts are considered to be a product of Taiwan, CBP said in a Sept. 24 ruling. Yamaha Motor Corp. USA requested a CBP ruling on the country of origin of the electric bikes. Among the parts that are of Chinese origin are the batteries, “saddle seat, clips, fasteners, and brackets,” it said.
CBP is actively “exploring whether it can use reconciliation as another option for importers to take advantage of retroactive exclusions” from the sections 232 and 301 tariffs, the agency said in a Commercial Customs Operations Advisory Committee Antidumping and Countervailing Duty Working Group issue paper. COAC during the previous meeting mentioned reconciliation as a possible path (see 2007160032). CBP said it also “plans to provide a webinar to the trade on the protest process by the end of the calendar year.”
Former House Ways and Means Committee Chairman Kevin Brady, R-Texas, told reporters that as the Office of the U.S. Trade Representative considers whether Vietnam should be punished for currency manipulation (see 2010050036), he should rely on a “bipartisan definition of currency manipulation” described in the Trade Facilitation and Trade Enforcement Act (TFTEA). Brady, who was speaking to reporters on a teleconference Oct. 7, noted that TFTEA was one of the first bills he shepherded through the committee when he took the gavel.
Americans for Prosperity is praising a bill introduced by Sen. Pat Toomey, R-Pa., which would eliminate most favored nation (MFN) tariffs and Section 301, Section 232 or any other punitive additional duty on 87 tariff lines that cover personal protective equipment. If the bill were to become law, it would eliminate tariffs through the end of 2022. “In a time of crisis, our leaders should be doing everything possible to remove barriers which diminish ease of access to those things that will keep us safe, preserve our livelihoods, and save American lives. With COVID-19 still looming and flu season fast approaching, we applaud Senator Toomey for introducing this measure to correct misguided policies which would impose tariffs on goods so directly linked to the wellbeing of American families and workers during these unprecedented times,” said Brent Gardner, chief government affairs officer at AFP. He urged Congress to take up the bill, which was first introduced just before the August recess.
International Trade Today is providing readers with the top stories from Sept. 28-Oct. 2 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The following lawsuits were filed at the Court of International Trade during the week of Sept. 28-Oct. 4: