The Tax Foundation, a nonpartisan think tank that advances right of center tax policy, issued a lengthy report how Congress might consider changing the tax code for faster growth, for income distribution, or for reducing the deficit, noting that each change requires balancing trade-offs. For instance, the Foundation says that getting rid of safeguard tariffs on washing machines and solar panels, the Section 232 tariffs on metals, making permanent the pause in Airbus tariffs, and removing and the Section 301 tariffs on $475 billion worth of Chinese imports will mean a reduction in $79.5 billion in revenue next year, though the economists at the think tank estimated that the savings would spur enough economic growth that about $7 billion of that loss would be recovered with other taxes.
Section 301 (too broad)
The top Republican on the House Ways and Means Committee said the delay in extending the Generalized System of Preferences benefits program and passing a new Miscellaneous Tariff Bill “has real consequences for our businesses and families, especially right now.”
The three-judge panel in the Section 301 litigation before the U.S. Court of International Trade scheduled an April 26 status conference for 9:30 a.m. EDT, an order signed Thursday said. The conference is an apparent try at hammering out a compromise between plaintiffs and defendants over the disputed refund relief issue for importers seeking to have the lists 3 and 4A tariffs vacated. Broad disagreement separates the HMTX-Jasco plaintiffs in the sample case from the government over whether importers who prevail on the merits of the massive litigation would be entitled to tariff refunds on customs entries whose liquidations are final, according to a joint status report filed April 12 with the court (see 2104130036). The impasse had HMTX-Jasco attorneys from Akin Gump warning they would move April 22 for a declaratory judgment that the court has the authority to order refunds of liquidated entries if the plaintiffs win. They alternatively threatened to seek a court injunction to suspend liquidations on all goods from China with lists 3 and 4A tariff exposure until the litigation is resolved. Scheduling the status conference for four days after the Akin Gump deadline suggests those motions are now on hold, pending the outcome of the conference. Akin Gump and DOJ didn’t comment Friday.
The Section 301 tariffs on Chinese goods imposed under President Donald Trump had “a significant impact” on Panasonic North America, Jeff Werner, vice president-corporate and government affairs, told the Consumer Technology Association virtual Innovation Policy Summit April 14. “We did everything we could to sort of mitigate that, including a robust use of the exclusions process,” he said.
The International Trade Commission recently issued Revision 2 to the basic edition of the 2021 Harmonized Tariff Schedule. The only changes in Revision 2, released March 30, relate to the extension of Section 301 exclusions for certain COVID-19 treatment goods announced in early March (see 2103050052). The terms of subheadings 9903.88.62, 9903.88.63, 9903.88.64 and 9903.88.65 are amended so they now say they expire Sept. 30.
At a time when hurricane damage, violence and poverty are driving more Central Americans to the U.S., consultants, advocates and former diplomats say the Central America Free Trade Agreement, or CAFTA, needs changes to spur development in Guatemala, Honduras and El Salvador. Those Northern Triangle countries are the ones sending large numbers of asylum seekers to the U.S. in the last few years. Kellie Meiman Hock, a McLarty Associates managing partner who led the April 14 panel hosted by the Washington International Trade Association, noted that when CAFTA was ratified more than 15 years ago, the hope was that it would bring more economic development to Central America. But instead, trade from the region has been flat.
The president of the U.S.-China Business Council told an online audience of customs brokers that he sees them as the problem solvers in trade, and that they're going to continue to have plenty of problems to tackle over the next few years. Craig Allen, who spoke to the National Customs Brokers and Forwarders Association of America April 14, said that the U.S.-China relationship, while intensely interdependent economically, is marked by mistrust and antagonism, and “the trend lines are not good.”
The Office of Management and Budget should restart consideration of a proposal to end the de minimis exemption for goods subject to Section 301 tariffs, the National Council of Textile Organizations said in an April 14 letter to acting OMB Director Robert Fairweather. The review of the proposal began at OMB last year (see 2009040026) but was removed as part of a broad regulatory freeze after President Joe Biden took office (see 2101210039). OMB should reopen the review and “grant approval to this much needed change in CBP regulations,” NCTO said.
The briefing schedule in the massive Section 301 litigation inundating the U.S. Court of International Trade will end Nov. 15, said an order signed April 13 by the three-judge panel of Mark Barnett, Claire Kelly and Jennifer Choe-Groves. It was a small victory for Akin Gump lawyers for sample case plaintiffs HMTX Industries and Jasco Products, which had asked in their joint status report April 12 for the Nov. 15 deadline (see 2104130036). The Department of Justice wanted a Dec. 23 deadline, saying it feared attorneys in the 3,700 stayed cases would file a large volume of amicus briefs that the government would need time to respond to.
International Trade Today is providing readers with the top stories from April 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.