International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
Section 301 (too broad)
The U.S. Court of Appeals for the Federal Circuit ruling to overturn a Court of International Trade decision that called into question the use of first sale treatment for imported goods involving non-market economy countries (see 2208110060) is largely seen as providing a welcome relief to importers, several law firms said. "For those importers enjoying the benefits of lower declared values and duties, particularly from China in light of Section 301 tariffs, there is no longer a need for concern now that, on appeal, the court has given first sale a nod," Sandler Travis lawyer Lenny Feldman said on a podcast. The original CIT decision (Meyer Corporation v. U.S., Fed. Cir. #21-1392) raised some concerns for the future of first sale treatment (see 2104200028).
Lawyers for the Section 301 test-case plaintiffs HMTX Industries and Jasco Products have until Sept. 14 to file their response to the Aug. 1 remand results on the lists 3 and 4A tariffs from the Office of the U.S. Trade Representative, said an Aug. 15 scheduling order from the three-judge panel at the Court of International Trade. DOJ’s reply is due 44 days later, by Oct. 28, the order said. The two sides, in a joint status report, had agreed on the Sept. 14 date for the plaintiffs to respond to USTR’s remand results, but the government asked for 60 days to Nov. 14 to file its reply, while the plaintiffs asked for the government's reply within 30 days, by Oct. 14.
The following lawsuits were filed at the Court of International Trade during the week of Aug. 8-14:
President Joe Biden is less likely to suspend some Section 301 tariffs on goods from China following a recent visit by House Speaker Nancy Pelosi, D-Calif., to Taiwan, Sidley Austin lawyer Ted Murphy said in a blog post. "Before the visit, our view was that the Administration was leaning toward suspending some of the duties," he said. "China’s reaction to the Speaker’s visit, coupled with the fact that this is an election year, however, makes it hard to see that happening now. In our view, any action on the Section 301 duties will likely be tabled until after the November election."
The Office of the U.S. Trade Representative heard from business groups, businesses that offer traceability solutions and civil society groups, 45 in all, on how to shape a forced labor strategy -- but their views diverged strongly on what the approach should be.
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
Correction: Richard Harper, director of government affairs at the Outdoor Industry Association, noted, during an International Trade Commission hearing, that supply chains moved out of China for outdoor goods and other types of goods (see 2207210015).
The following lawsuits were filed at the Court of International Trade during the week of July 25-31:
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.