The mistrust by the current administration of the de minimis exemption for low-value shipments may provide an opportunity to revise the law and address some inconsistent approaches, Bryan Wolfe, vice president-international trade at Ascena Retail Group, said during the National Association of Foreign-Trade Zones virtual conference on Nov. 6. Ascena, the parent company of Ann Taylor, Loft and other brands, is a leading member of Ship Safe Coalition, which advocates for policy changes around de minimis. The coalition expects that some coming changes to the de minimis entry process could be a time for “compromise between eliminating de minimis altogether and keeping it as is,” Wolfe said in his presentation.
The following lawsuits were filed at the Court of International Trade during the week of Oct. 26 - Nov. 1:
China doesn’t comment on U.S. internal affairs such as its presidential election, a Foreign Affairs Ministry spokesperson said Oct. 30 when asked about comments by a Joe Biden aide that the Democratic Party nominee would consult with allies on what to do about the Section 301 tariffs on Chinese imports if he's elected president. “China's policy on the United States remains highly stable and consistent,” the spokesperson said, according to a transcript of a news conference. “We are committed to developing a China-U.S. relationship featuring non-conflict, non-confrontation, mutual respect and win-win cooperation.” Biden would seek “collective leverage” against China by bonding with allies to curb Beijing's allegedly unfair trade practices, foreign policy adviser Jeffrey Prescott told Reuters Oct. 28. “The failure of the Trump administration has been to go it alone.” Biden won’t “lock into any premature position before we see exactly what we’re inheriting,” Prescott said when asked if Biden would lift the tariffs unilaterally if elected. “Consulting with allies is going to be a central part of that.”
Peter Navarro, a White House adviser who specializes in trade, argued during a video interview with the Washington Post that a Biden administration would mean a return “to the old globalist ways of shipping our supply chains offshore.” Navarro said during the Oct. 30 interview that blue-collar workers in Michigan, Wisconsin and Pennsylvania understand that Joe Biden voted for NAFTA and voted to admit China into the World Trade Organization, and that they blame those actions for millions of lost factory jobs. “Trade's one of the keys to unlocking the Midwest battleground states,” Navarro said.
A change in administrations could boost the National Association for Foreign-Trade Zones' rear guard action against a proposal for the USMCA technical fixes bill, lobbyist Brian Hannigan told listeners at the NAFTZ virtual conference Oct. 29.
The World Trade Organization told member countries this week that the U.S. has filed an appeal on a panel report on the legality of its Section 301 tariffs on Chinese imports. Because there is no appellate body, there is no way to appeal a case, but China cannot take action under WTO rules while the appeal is pending. In practical terms, however, China already retaliated years ago for the Section 301 tariffs.
The following lawsuits were filed at the Court of International Trade during the week of Oct. 19-25:
International Trade Today is providing readers with the top stories from Oct. 19-23 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
Law firm Husch Blackwell has no objection to a Department of Justice proposal to designate the first-filed HMTX Industries-Jasco Products complaint as a test case in the massive Section 301 litigation, but “there is no reason that it should be chosen as the only test case without further analysis,” it said Oct. 22 in a partial opposition to the government’s Oct. 19 motion for case management procedures (see 2010200022). It told the Court of International Trade that it represents 75 “individually named plaintiffs” of the “approximately 6000 plus” importers seeking to vacate the lists 3 and 4A tariff rulemakings and get the duties refunded.
FBB Federal Relations partner Ray Bucheger told members of the Pacific Coast Council of Customs Brokers and Freight Forwarders Associations that while the message on the Hill is discouraging on extending current Section 301 exclusions, his firm is working on legislation for the companies that received exclusions too late to get refunds for the tariffs paid.