New 25% percent tariffs on goods from France that were to begin Jan. 6 are suspended, the Office of the U.S. Trade Representative said in a news release Jan. 7. The tariffs were planned as a result of France's digital services tax and the suspension will allow the agency to complete investigations into other countries' DSTs. “Given that these DST investigations are ongoing and have not yet reached any determinations on what, if any, trade action should be taken, the U.S. Trade Representative has determined that it is appropriate to suspend the action in the France DST investigation indefinitely,” it said in a notice. The announcement follows days of confusion over whether the Jan. 6 tariffs were being implemented (see 2101060047).
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.
CBP was correct when it found against an importer's use of price paid to a related factory in China, rather than the price paid by the importer's customers, the agency found in a Sept. 9 ruling. The director of the Industrial and Manufacturing Materials Center of Excellence and Expertise (CEE) requested an internal advice ruling after Mayer Brown asked for a further review of protest on behalf of the importer, World Wide Packaging. The import entry involved two line items of “plastic tubes used for personal care products, which were the subject of purchase orders from two unrelated U.S. customers of WWP.”
On the day that additional 25% tariffs were scheduled to go into effect on French handbags and cosmetics, the Office of the U.S. Trade Representative and CBP made no public statement about the tariffs' fate, leaving importers in the dark about what they should do.
The International Trade Commission posted the 2021 Preliminary Edition of the Harmonized Tariff Schedule. The new HTS implements the removal of GSP benefits for many Thai products, as well as the redesignation of the Democratic Republic of the Congo as eligible for African Growth and Opportunity Act benefits, and the extension of the Caribbean Basin Trade Partnership Act until 2020. New statistical breakouts are also added for many medical products, including those used in the treatment of COVID-19, as well as for industrial turbines and hemp seed, among other goods. Changes take effect Jan. 1, 2021, unless otherwise noted.
The International Trade Commission posted the 2021 Preliminary Edition of the Harmonized Tariff Schedule. The new HTS implements the removal of GSP benefits for many Thai products, as well as the redesignation of the Democratic Republic of the Congo as eligible for AGOA, and the extension of the Caribbean Basin Trade Partnership Act until 2020. New statistical breakouts are also added for many medical products, including those used in the treatment of COVID-19, as well as for industrial turbines and hemp seed, among other goods. Changes take effect Jan. 1, 2021, unless otherwise noted.
The Solar Energy Industries Association and several solar importers filed a lawsuit Dec. 29 seeking to invalidate a recent presidential proclamation reimposing solar safeguard duties on bifacial panels and upping the safeguard tariffs on all imported solar cells. Joined by Invenergy Renewables, NextEra Energy and EDF Renewables, the SEIA says President Donald Trump failed to follow the requirements of the safeguard laws when he issued the proclamation in October.
A year-end presidential proclamation to amend the tariff schedule was published in the Dec. 29 Federal Register. Issued Dec. 22 (see 2012230064), Presidential Proclamation 10128 lowers duty rates on crystal glassware, cigarette lighters and lighter parts, surface preparations and propellant powders effective Aug. 1, 2020, as part of a deal with the European Union to gain market access for U.S. lobster exports (see 2008210028). The proclamation also re-adds the Democratic Republic of the Congo to African Growth and Opportunity Act eligibility, and confers on the country lesser developed beneficiary status and its attending tariff benefits for apparel. It also extends tariff benefits on agricultural goods under an agreement with Israel, and implements this year’s extension to the Caribbean Basin Trade Partnership Act (see 2010130035).
The new General Approved Exclusions from Section 232 tariffs on steel and aluminum will be deployed in ACE as of 7 a.m. Dec. 29, CBP said in a Dec. 23 CSMS message. The Commerce Department announced the new GAEs in a Dec. 14 notice (see 2012100047). The GAEs exclude 108 entire Harmonized Tariff Schedule classifications from the tariffs on steel and 15 classifications from the aluminum tariffs, CBP said. “GAEs may be used by any importer and have no quantitative limit,” it said. “Exclusions are effective starting December 29, 2020, and no retroactive relief will be granted.”
The 22-person witness list for the Dec. 29 virtual Section 301 investigative hearing into allegations that Vietnam deliberately undervalued its currency to thwart U.S. economic growth is stacked heavily with people on record as opposing remedial tariffs on Vietnamese imports. Prehearing submissions in docket USTR-2020-0037 foretell some will also testify that the Office of the U.S. Trade Representative is singling out the wrong country for Section 301 currency manipulation review and is doing so for ulterior motives.
The Office of the U.S. Trade Representative released a list of witnesses slated to testify during the Dec. 29 Section 301 hearing on Vietnam currency manipulation. The agency hasn't addressed a request from trade associations that USTR delay the hearing in order to consider a Dec. 16 Treasury Department report blasting the Vietnam government for tampering with the foreign exchange market “in a sustained, asymmetric manner,” to the detriment of U.S. interests. Treasury released the report nearly a week after the deadline passed for submitting requests to appear at the USTR hearing.