The Court of International Trade upheld the U.S. Trade Representative's Lists 3 and 4A tariff action under Section 301 on China in a widely-anticipated decision on March 17. After the tariffs were previously sent back over concerns of compliance with the Administrative Procedures Act, the USTR offered further explanations of its tariff decisions. Judges Mark Barnet, Claire Kelly and Jennifer Choe-Groves held that these explanations were not made impermissibly post hoc and cleared APA requirements.
While the Section 232 tariffs increased domestic steel production by 5% and increased smelter utilization by about 15%, there was $3.4 billion less manufacturing across the most impacted metal consuming industries -- industrial machinery, cutlery and handtool factories; motor vehicle suspension and steering components; agricultural/mining/construction manufacturing, and metal fabricators, according to an International Trade Commission report.
The new Republican majority in the House Ways and Means Committee said it plans to do oversight across a multitude of trade policies advanced by the administration, including enforcement of trade agreements and trade negotiations for the Indo-Pacific Economic Framework for Prosperity (IPEF), the Americas Partnership for Economic Prosperity, the U.S.-Taiwan Initiative on 21st Century Trade and the U.S.-Kenya Strategic Trade and Investment Partnership. For existing FTAs, the committee said it wishes to identify provisions that should be updated to improve the agreements' benefits for the U.S.
The International Trade Commission posted Revision 1 to the 2023 Harmonized Tariff Schedule. The update includes a technical correction to the USMCA rules of origin and a minor correction for organic surface-active agents (other than soap). The update also implements the extension through May of exclusions from Section 301 tariffs for 81 medical care products related to COVID-19 (see 2302020065) and implements corrections to descriptions and tariff numbers of two other Section 301 exclusions (see 2302090027). Also, the update removes Western Sahara from country designations and codes in the statistical annexes.
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