The U.S. Chamber of Commerce has warmly endorsed Katherine Tai to be U.S. trade representative. In a letter sent Feb. 23, Executive Vice President Myron Brilliant said her experience at the Office of the U.S. Trade Representative and as chief trade counsel for the House Ways and Means Committee, is invaluable. “She combines policy acumen, negotiating experience, and political savvy,” he wrote. “While one important aspect of USTR’s mission is to address unfair trading practices, the previous Administration’s dramatic expansion in the application of tariffs contributed directly to a manufacturing and agriculture recession well in advance of the [COVID-19] pandemic, and this experience illustrates the perils of an excessive reliance on tariffs. The next USTR must avoid the use of tariffs as a blunt instrument, and must avoid inaction on trade agreements as well,” he said, adding that Tai understands that.
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.
Sen. Tom Cotton, one of the most prominent China hawks in Congress, thinks that the Bureau of Industry and Security is buried within an organization “hostile to the aggressive use of export controls,” and so it should be moved from the Commerce Department to the State Department, because, he says, that department puts national security first. Cotton, who has published a lengthy report on what he calls the economic long war with China, discussed his views during an online program at the Reagan Presidential Foundation on Feb. 18.
TCL Communication Technology Holdings’ North American smartphone subsidiary became one of the largest importers to join the massive Section 301 litigation when it filed a complaint Feb. 12 in the Court of International Trade. Like the roughly 3,500 other lawsuits inundating the court, TCT Mobile (US) seeks to get the lists 3 and 4A tariffs on Chinese goods vacated and the duties refunded with interest. TCT's claims “accrued with each and every entry of products” with List 3 or List 4A tariff exposure, the company said. The “instant action” was filed within two years of the date that TCT paid the lists 3 and 4A duties, it said, satisfying the court’s two-year statute of limitations on the timeliness of complaints.
The U.S. Court of International Trade plans to “proceed first” on choosing a “representative sample” of test cases to manage the roughly 3,500 Section 301 complaints inundating the court, said an order signed Feb. 16 by the three-judge panel of Mark Barnett, Claire Kelly and Jennifer Choe-Groves. All the suits seek to get the List 3 and List 4A Chinese tariffs vacated and the duties refunded with interest. “The court expects that the number of sample cases identified will be small enough to permit the efficient disposition of this litigation while allowing the court to consider all claims raised by the various Plaintiffs,” the order said. “The court anticipates issuing a stay of all Section 301 cases assigned to the panel that are not selected to proceed as sample cases.”
CBP issued the following releases on commercial trade and related matters:
American Association of Exporters and Importers CEO Marianne Rowden believes automation is going to replace a lot of tariff classification work over the coming years. “Will human beings be doing tariff classification in the next three to five years? I don't think so -- I think it’s all going to be done by machine,” Rowden told a National Association of Foreign-Trade Zones online conference Feb. 9. She also predicted that the moratorium on customs duties on digital transactions, such as downloads of games or movies, will end in the medium term. “Every two years there is a vote at the World Trade Organization on the moratorium on customs duties on digital transmissions,” she said. “I think we’re going to lose that vote probably within the next five to six years because governments, particularly developing countries, are so desperate for revenue.”
International Trade Today is providing readers with the top stories from Feb. 1-5 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
A three-judge Court of International Trade panel will oversee all cases tackling the legality of lists 3 and 4 Section 301 China tariffs, Chief Judge Timothy Stanceu said in an order signed Feb. 5. Judges Mark Barnett, Claire Kelly and Jennifer Choe-Groves -- the three most senior active judges on the court -- were assigned to hear one of the largest mass filings in the court's history.
Two Senate Finance Committee members pressed commerce secretary nominee Gina Raimondo to study the cost of Section 232 tariffs on downstream companies, but she did not agree to do so in her written replies to their questions. “If confirmed as Secretary, I plan to review any work the Department of Commerce has already done on the impact of the tariffs and will ensure that any review is up to date,” she replied.
The Customs Rulings Online Search System (CROSS) was updated Jan. 31. The following headquarters rulings were modified recently, according to CBP: