The Court of International Trade dealt a blow to the over 3,600 lawsuits challenging Lists 3 and 4A Section 301 China tariffs covering over $200 billion in goods, finding that the U.S. Trade Representative had the authority to impose the tariffs. In the highly-anticipated opinion, the court ruled against the plaintiffs' argument that the USTR could not impose Section 301 tariffs because the government was responding to retaliatory tariffs from China.
The U.S. Trade Representative on March 23 announced the extension of 352 exclusions from Section 301 tariffs on China. The exclusions, all of which had expired, resume effect as of Oct. 12, 2021, and will remain in effect through Dec. 31, 2022, USTR said.
The U.S. and U.K. reached an agreement that will drop Section 232 tariffs on steel and aluminum imports from the U.K. Under the deal, the U.S. will allow “historically-based sustainable volumes” of U.K. steel and aluminum goods to enter the country, the Commerce Department said, adding that it will lift the tariffs June 1. The U.S. will also require any U.K. steel company owned by a Chinese entity to undergo a financial audit “to assess influence” from the Chinese government.
President Biden issued an executive order March 11 that bans imports of Russian seafood, spirits and non-industrial diamonds. A fact sheet from the White House said the action "will deny Russia more than $1 billion in export revenues and ensure U.S. citizens are not underwriting Putin’s war" and that the U.S. "retains the authority to impose additional import bans as appropriate."
The U.S. will impose a ban on imports of all Russian energy products, President Joe Biden said March 8. "The American people will deal another powerful blow to Putin’s war machine," Biden said at the White House. A White House fact sheet said the ban would be accomplished through an executive order that will prohibit "the import of Russian oil, liquefied natural gas, and coal."
Inspections and imports of fresh avocado from Mexico have resumed, the Animal and Plant Health Inspection Service announced on Feb. 18. The agency previously suspended avocado export program operations in the Mexican state of Michoacan, the only Mexican state currently authorized for the export of avocados, on Feb. 11 after a threatening phone call was received by an APHIS official conducting an inspection.
The threshold for tariff rate quotas will double to 5 GW per year under a four-year extension of Section 201 safeguard tariffs announced by presidential proclamation Feb. 4. The ITC has said imports during the first four years of the safeguard never exceeded the previous 2.5 GW threshold in the first four years the safeguard was in effect, making it unlikely that enough cells will be imported to be subject to the tariffs. Bifacial solar panels will continue to be excluded from the safeguard.
Imports of palm oil and palm oil products from the Sime Darby plantation in Malaysia may be seized by CBP starting Jan. 28 under a finding that the company uses forced labor, CBP said in a notice. "Through its investigation, CBP has determined that there is sufficient information to support a Finding that Sime Darby Plantation and its subsidiaries are using forced labor on Sime Darby’s plantations in Malaysia to harvest fresh fruit bunches, which are used to extract palm oil and produce derivative products, and that such palm oil and derivative products produced by the company are likely being imported" into the U.S., the agency said. CBP's finding follows a December 2020 withhold release order aimed at the company's palm oil.
The trade provisions of the America COMPETES Act of 2022, the House's answer to the Senate U.S. Innovation and Opportunity Act, propose dramatic changes to antidumping and countervailing laws, a restriction on future Miscellaneous Tariff Bill lists, and would bar Chinese goods from entering under the de minimis statute. The House Rules Committee also released a section by section summary.
CBP will require proof of full vaccination for COVID-19 from non-citizens and non-permanent residents coming into the U.S. through land ports of entry from Canada and Mexico beginning at 12 a.m. EST on Jan. 22, it said in a notice. Limited exceptions will apply, including for minors and travelers with valid non-immigrant visas, including B-1 business visas, who are citizens of a country with limited COVID-19 vaccine availability. Truck drivers and rail operators are not exempt, CBP said.