Lawyers for importers that have filed suit under the extensive ongoing Section 301 litigation have established an “informal” steering committee to manage the case, law firm Neville Peterson said in a Dec. 1 blog post, adding that the committee “confers with some regularity.” Most observers expect the U.S. Court of International Trade will pick the first-filed Section 301 complaint from HMTX Industries and Jasco Production as the lead case, and stay the roughly 3,700 other actions while HMTX is litigated, the law firm said.
House Ways and Means Committee member Stephanie Murphy, D-Fla., said that although “the politics of trade are fairly tricky,” she feels confident in saying “things can't get any worse” for free trade during the Biden administration. Murphy, one of two members of the House speaking on a Cato Institute webinar about what to expect in trade with a new president, said she's encouraged by President-elect Joe Biden's choices for the secretaries of the treasury and state, and the head of the National Security Council, because all of the individuals recognize that trade is an important tool in foreign policy.
Section 301 tariffs raised IBM's sourcing costs by tens of millions of dollars, and on Dec. 2 the company asked the incoming administration to “immediately” remove the tariffs on tech inputs such as mechanical parts, fans, power distribution units, power supplies, cables and printed circuit board assemblies. “A limited, early removal of the most counter-productive of the China tariffs could provide relief for U.S. manufacturing, while leaving the new Administration space to negotiate further tariff changes based on Chinese market access commitments,” said Alan Kohlscheen, IBM's import compliance executive, and Michael DiPaula-Coyle, IBM's director of international trade policy.
President-elect Joe Biden won't remove Section 301 tariffs until he makes a full review of the phase 1 agreement and consults with Japan, South Korea and Europe “so we can develop a coherent strategy,” New York Times columnist Thomas Friedman reported Dec. 2. Biden said free-market countries need more leverage to “actually produce progress on China’s abusive practices,” such as illegal subsidies to corporations, forced tech transfers and stealing intellectual property.
The Coalition for a Prosperous America published advice to the transitioning Joe Biden administration, which includes a call to continue and intensify the kind of tariff and sanctions policies used by the Trump administration, and to go further, such as by raising the bound tariffs at the World Trade Organization. The CPA also asked for countrywide withhold release orders for forced labor, a reduction of the $800 de minimis level and a change in the makeup of the Commercial Customs Operations Advisory Committee. “The membership of COAC should equal representation by domestic businesses and labor harmed by unlawful imports, rather than being dominated by multinationals and importer interests,” they said.
The following lawsuits were filed at the Court of International Trade during the week of Nov. 23-29:
International Trade Today is providing readers with the top stories from Nov. 23-27 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
A Finding Nemo story and picture book doesn't meet the classification requirements for heading 4903, which covers “Children’s picture, drawing or coloring books,” CBP said in a Sept. 15 ruling. CBP previously ruled that the book wasn't classifiable as a children's book and the company, Phidal Publishing in Montreal, requested reconsideration of that ruling. CBP's earlier ruling found the book to be classifiable in heading 4901 for “printed books.”
Just as the recent flood of Section 301 litigation had appeared to slow to a trickle, importers added more than two dozen more lawsuits last week to the multitude of cases currently before the Court of International Trade. But while the new complaints restate the same arguments made by thousands of other plaintiffs in the sprawling litigation, many of the new cases differ in that they seek to invalidate only List 4 tariffs, excluding List 3 from the requests.
With President-elect Joe Biden said to be reluctant to commit to changing 25% tariffs on $250 million worth of imports from China, a recent Congressional Research Service report contains suggestions that could point to a possible off-ramp. The report, released Nov. 23, says that Section 301 actions terminate automatically after four years, unless the Office of the U.S. Trade Representative receives a request for continuation, and conducts a review that determines the tariffs should continue.