The Office of the U.S. Trade Representative will extend exclusions on goods used to treat COVID-19 from the Section 301 tariffs on goods from China, the USTR said in a notice on its website. The exclusions were previously set to expire at the end of March (see 2012230076).
Section 301 (too broad)
The Customs Rulings Online Search System (CROSS) was updated March 3. The following headquarters rulings were modified recently, according to CBP:
Todd Owen, former executive assistant CBP commissioner who worked in the Office of Field Operations before retiring, said during a March 3 webinar that the trade community should expect to see a lot more traditional customs work over the next few years, such as missed descriptions, undervaluation, duty evasion and import safety. Owen, who is a senior trade adviser at Diaz Trade Law, also said during the webinar that he thinks stopping goods made with forced labor is going to continue to be a priority for the Biden administration. “I don’t see this going away,” he said.
The administration needs to open up a fair, timely and transparent exclusions process for Section 301 tariffs on Chinese imports, House Ways and Means Committee ranking member Kevin Brady said, but he doesn't know what the U.S. trade representative's timetable will be on deciding whether that will happen. He said he hopes it will be very soon. Brady, R-Texas, spoke to reporters on a conference call March 3. “One of the reasons I continue to push this administration to not simply follow through on compliance with the phase one agreement but to go further into phase two” is because once agreements are hammered out, he thinks, it will be time to begin to roll back those tariffs, he said.
International Trade Today is providing readers with the top stories from Feb. 22-26 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
First sale treatment may not be applicable to transactions involving non-market economies, including China, Court of International Trade Senior Judge Thomas Aquilino said in a March 1 decision. In a ruling on cookware imported by Meyer from Thailand and China through a Chinese middleman, the trade court found the involvement of Chinese companies made it difficult to determine whether the transaction was at arm's length and undistorted by non-market influences, as required for first sale valuation. Though he stopped short of saying imports originating in non-market economies could never receive first sale valuation, he called on the U.S. Court of Appeals for the Federal Circuit to clarify.
Two and a half years after the first Section 301 tariffs went on what ultimately covered the vast majority of imports from China, most of the public lobbying is about renewing exclusions, or offering another round of exclusion applications to be submitted. Lawyers and advocates differ on how they think lobbying will develop over the course of 2021, as President Joe Biden gets his trade team in place. Dan Ujczo, senior counsel at Thompson Hine, said he thinks the focus on exclusions is because businesses have gotten the message on 301s from the administration, which he described as: “brace for these to be around. These aren’t going away anytime soon.”
The following lawsuits were filed at the Court of International Trade during the week of Feb. 22-28:
Across dozens of pages of written answers to Senate Finance Committee members, U.S. trade representative nominee Katherine Tai often avoided directly answering questions, instead pledging to work with senators on their priorities. One of the most common questions posed to Tai was whether she would renew Section 301 exclusions that expired last year; as well, whether she would allow companies that were denied exclusions another chance at a request; and whether she would reopen the exclusion process.
Friederike Gorgens, previously with Arent Fox, joined Greenberg Traurig as of counsel in the firm's international trade practice. At Arent Fox, Gorgens was listed as one of the litigators in the case challenging lists 3 and 4A of the Section 301 China tariffs. Arent Fox is one of the largest law firms involved in the litigation, representing more than 50 of the lawsuits against the tariffs.