Solar importers intend to oppose President Donald Trump’s Oct. 10 proclamation ending an exemption from safeguard duties for bifacial panels (see 2010130028), they told the Court of International Trade in a status report filed Oct. 15. The proclamation runs contrary to the safeguard laws, and is barred by a CIT injunction currently in effect against the Office of the U.S. Trade Representative’s earlier attempts to end the exemption, they said. The brief was filed hours after a related court decision left the injunction in place.
Customs duty
A customs duty is a tariff or tax which a country imposes on goods when they are transported across international borders. Customs Duties are used to protect countries' economies, residents, jobs, and environments, by limiting the flow of imported merchandise, especially restricted and prohibited goods, into the country. The Customs duty rate is a percentage determined by the value of the article purchased in the foreign country and not based on quality, size, or weight. U.S. customs duties are listed in the Harmonized Tariff Schedule of the United States.
Rep. Kevin Brady of Texas, the top Republican on the House Ways and Means Committee, said it's a lot of work to get through the nearly 2,700 petitions that the International Trade Commission says are worthy of tariff relief through the Miscellaneous Tariff Bill.
The National Taxpayers Union, reacting to a bipartisan resolution opposing duty-free import of apparel and shoes from all Generalized System of Preferences beneficiary countries, said that resolution (see 2010060027) ought to be called the keep-apparel-production-in-China resolution. There is no public push from apparel importers to add the category to GSP on the current renewal.
The Customs Rulings Online Search System (CROSS) was updated Oct. 8. The following headquarters ruling was modified recently, according to CBP:
President Donald Trump issued a proclamation Oct. 10 that the Office of the U.S. Trade Representative says will end a hotly contested exemption for bifacial panels from safeguard duties on solar cells, despite a Court of International Trade injunction against its elimination that for now remains in effect (see 1912050063). The proclamation also increases the tariff applicable under the safeguard to account for bifacial panels already imported under the safeguard.
Americans for Prosperity is praising a bill introduced by Sen. Pat Toomey, R-Pa., which would eliminate most favored nation (MFN) tariffs and Section 301, Section 232 or any other punitive additional duty on 87 tariff lines that cover personal protective equipment. If the bill were to become law, it would eliminate tariffs through the end of 2022. “In a time of crisis, our leaders should be doing everything possible to remove barriers which diminish ease of access to those things that will keep us safe, preserve our livelihoods, and save American lives. With COVID-19 still looming and flu season fast approaching, we applaud Senator Toomey for introducing this measure to correct misguided policies which would impose tariffs on goods so directly linked to the wellbeing of American families and workers during these unprecedented times,” said Brent Gardner, chief government affairs officer at AFP. He urged Congress to take up the bill, which was first introduced just before the August recess.
The Office of the U.S. Trade Representative is considering sanctions against Vietnam for importing illegal lumber to use in wood furniture and for currency manipulation that it suspects is hurting U.S. industry. The Section 301 investigations, announced the evening of Oct. 2, invite public comment on the extent of the violations, the scope of its impact on U.S. commerce, and suggestions for how to respond. Comments are due by Nov. 12.
President Donald Trump’s “many tweets” and statements from his administration are strong evidence the White House unlawfully imposed the lists 3 and 4A tariffs to boost the U.S. Treasury and not curb the allegedly bad Chinese trade behavior documented in the Office of the U.S. Trade Representative’s March 2018 Section 301 investigative report. So said the lawyer for two automotive components importers making the case that the tariffs are unconstitutional because only Congress has the power of taxation.
The U.S.-Japan mini-deal is not consistent with World Trade Organization rules, a former White House trade negotiator said, so the two sides mentioned a future phase two deal to cover substantially all trade to convince Japan's parliament to pass the accord. Because of the way the deal was structured, with small tariff reductions for Japanese exporters, it did not require a vote in Congress, Clete Willems, speaking recently on a webinar for University of Nebraska students, said. In calling the mini-deal phase one, “I think both sides were playing it cute, to be honest,” Willems, now at Akin Gump, said. He said Japan was not interested in a comprehensive bilateral trade deal, because it still wants the U.S. to rejoin the Trans-Pacific Partnership.
The thousands of complaints seeking to vacate the lists 3 and 4A Section 301 tariffs on Chinese goods and have the duties refunded warrant the Court of International Trade assigning the litigation to a three-judge panel instead of a single judge, Akin Gump said Sept. 30 on behalf of importers HMTX Industries and Jasco Products, in a court filing. The Department of Justice told Akin Gump it opposes the motion and will file a response, it said.