House Ways and Means Committee Trade Subcommittee Chairman Earl Blumenauer, D-Ore., cast doubt on Congress voting to renew the Generalized System of Preferences trade benefits program before it expires, and on passing a new Miscellaneous Tariff Bill to cover imports in 2021 and 2022. He told an online audience at the Washington International Trade Association Sept. 23 that it's too soon to say whether a vote would be possible.
Section 301 (too broad)
Whether the deadline has passed for court challenges to lists 3 and 4 of Section 301 tariffs of goods from China continues to be in question, lawyers following the case have said. While some have pegged the deadline to Sept. 21 based on a two-year statute of limitations from when the List 3 tariffs were published in the Federal Register (see 2009160056), other factors remain in play. Filing sooner rather than later is seen as preferable, the lawyers said.
International Trade Today is providing readers with the top stories from Sept. 14-18 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The International Trade Commission recently issued Revision 21 to the 2020 Harmonized Tariff Schedule. This latest revision implements a cut to Section 232 quotas on Brazilian semi-finished steel that took effect Aug. 28 (see 2008310010), and changes to the U.S.-Singapore Free Trade Agreement rules of origin that had been part of the proclamation implementing USMCA at the end of July (see 2006300079). It also reflects extensions to List 4 Section 301 exclusions that had been set to expire Sept. 1 (see 2008310013), now filed under new tariff subheading 9903.88.57.
The Court of International Trade is deluged with hundreds of lawsuits that closely model a challenge from Akin Gump and HMTX Industries that seeks to force refunds of Section 301 tariffs paid on lists 3 and 4 goods from China (see 2009110005). Such a torrent of filings is rare but not unheard of at the CIT, lawyers involved with and following the litigation said. The most obvious example was the yearslong litigation over the harbor maintenance tax (HMT), they said.
Light-emitting diode lamps imported by Grakon for incorporation into automobiles originate in the country where the lights inside the lamps were assembled, Mexico, rather than the country of the lamps’ final assembly, and are not subject to Section 301 tariffs on products from China, CBP said in a recent ruling.
Companies and lawyers quickly followed the example of a vinyl tile importer that sued the Office of the U.S. Trade Representative and said the imposition of Section 301 tariff lists 3 and 4 were beyond the agency's authority (see 2009110005). A variety of industries filed similar lawsuits over the past day in the hopes of preserving rights to any resulting refunds, with more filings likely. In addition to Akin Gump, which filed the original suit for tile importer HMTX Industries, Barnes Richardson, Grunfeld Desiderio, Rock Trade Law, Thompson Hine and Craven Trade Law are representing companies in the challenges. Companies that joined in the litigation include Fastenal, Otter Products, Nelco Products and the Apex Tool Group. While many lawyers recently said that a court filing is necessary soon to preserve the rights to any refunds, some questions remain about the specifics (see 2009160056).
Over 300 exclusions from Lists 1 and 2 of Section 301 China tariffs are set to end Sept. 20, after the Office of the U.S. Trade Representative did not include them in two notices of exclusion extensions released Sept. 17. In its notice on List 1 exclusions, USTR granted extensions to 62 out of the 310 exclusions listed in U.S. Note 20(q) and filed under tariff schedule subheading 9903.88.14. USTR's notice on List 2 exclusions announced extensions to 17 out of the 86 currently listed in U.S. Note 20(v) and filed under subheading 9903.88.17.
More than 300 exclusions from lists 1 and 2 Section 301 China tariffs are set to expire Sept. 20, after the Office of the U.S. Trade Representative declined to extend them in the run-up to their expiration.
The Customs Rulings Online Search System (CROSS) was updated Sept 16. The following headquarters rulings were modified recently, according to CBP: