The Court of International Trade will allow Moen to end its lawsuit over what the company said were misclassified showerheads despite the Department of Justice's objections, CIT said in a July 26 ruling. Moen, which sued CBP in 2015 over the classification of the goods, filed a motion to dismiss because the goods at issue are now subject to the Section 301 25 percent tariffs on imports from China. The DOJ fought the motion because of the already expended time and resources and because Moen will "likely litigate the correct classification of its showerheads if and when goods classifiable under its claimed tariff provision are no longer subject to the 301 duties.”
Printed circuit assemblies (PCAs) imported as components of industrial robot controllers are classifiable as parts for electricity control boards and panels, and not as parts of automatic data processing machines, the Court of International Trade said in a decision issued July 26. The importer, FANUC, had argued the PCAs have data processing functions, but CIT held that a rule against classification as ADPs for machines with a specific function other than data processing also applies to ADP parts.
The Office of the U.S. Trade Representative is publishing its first list of product exclusions from the second tranche of $16 billion in Section 301 tariffs on China (see 1808150016). This list of exclusions includes 69 subsets of tariff numbers in chapters 39, 84, 85, 86, 87 and 90. The new exclusions take effect retroactively from Aug. 23, 2018, when the $16 billion in tariffs originally entered into force, and will remain for one year following publication of USTR’s notice. USTR is creating Harmonized Tariff Schedule subheading 9903.88.12 for the new set of exclusions.
The Office of the U.S. Trade Representative issued its first set of product exclusions from the second group of Section 301 tariffs on goods from China. Newly exempt from the tariffs are "69 specially prepared product descriptions." The exclusions cover 292 separate requests, according to the notice. The product exclusions apply retroactively to Aug. 23, 2018, the date the second set of tariffs took effect, and will remain in effect until one year after the notice is published.
President Donald Trump on July 26 directed the U.S. trade representative to seek changes at the World Trade Organization that would prevent rich countries from claiming benefits reserved for developing countries in WTO agreements.
President Donald Trump, who had threatened a tariff on Guatemalan goods (see 1907230024), told reporters at the White House that Guatemala had agreed to let foreigners who are seeking asylum in the U.S. apply for that protection from Guatemala. The deal would cover Hondurans, Cubans, Africans -- anyone who is traveling through Guatemala on their way to the southern border of the U.S. If migrants do not apply in Guatemala, but try to apply when they reach the U.S., they would automatically be denied refuge.
President Donald Trump tweeted in the morning July 26 that the U.S. would "announce a substantial reciprocal action on Macron’s foolishness shortly. I’ve always said American wine is better than French wine!" Trump, who was angry about the digital services tax France put on what he called "our great American technologies companies," reportedly does not drink alcohol. Later in the day, a White House spokesman issued a statement that said: “The United States is extremely disappointed by France’s decision to adopt a digital services tax at the expense of U.S. companies and workers. France’s unilateral measure appears to target innovative U.S. technology firms that provide services in distinct sectors of the economy. It also demonstrates France’s lack of commitment to the ongoing [Organisation for Economic Co-operation and Development (OECD)] negotiations. The Trump Administration has consistently stated that it will not sit idly by and tolerate discrimination against U.S.-based firms. The U.S. Trade Representative has already launched a Section 301 investigation into France’s digital services tax, and the Administration is looking closely at all other policy tools.” Wine was already on the proposed tariff list to compensate for Airbus subsidies (see 1904090031).
President Donald Trump appeared to put the kibosh on Apple’s requests for List 3 Section 301 tariff exclusions on Chinese imports of graphics processing modules, power supplies, heat sinks and a dozen other types of components for the Mac Pro desktop due this fall. Tweeted Trump on July 26: “Apple will not be given Tariff waiver, or relief, for Mac Pro parts that are made in China. Make them in the USA, no Tariffs!” There are “no other sources” outside China “for this proprietary, Apple-designed component,” Apple said in each of the 15 product exclusion requests it filed July 18, as searchable on the Office of the U.S. Trade Representative public docket. “This product is a component of a consumer electronic device,” Apple said. “It is not strategically important or related to ‘Made in China 2025' or other Chinese industrial programs.” Public responses in support or opposition to the exclusion requests are due Aug. 1, and Apple had few backers among those who weighed in with an opinion as of July 26. “The USTR should not set a harmful precedent of exempting companies from tariffs that move jobs to an overt adversary of the United States,” commented Gregory Lewandowski on Apple’s request for tariff exclusions on Mac Pro graphics processing modules. “This is absolute garbage,” commented Logan Marotz. “We cannot continue to bend to the will of these companies. They knew the possible consequences of their actions by moving their assembly factories over seas. Tough luck, but this is the game they play.” Apple didn’t comment, nor did USTR.
CBP released its July 24 Customs Bulletin (Vol. 53, No. 25), which includes the following ruling actions:
Five years of data exclusivity for biologics, an end to panel blocking and undefined "mechanisms and resources" to monitor and enforce labor and environmental laws in Mexico are the core of what the House Democrats have asked the Trump administration to change in its NAFTA rewrite. The House Democrats' working group revealed more of what it is asking for in a report sent to the Speaker's office and released publicly July 26. In that report, they wrote, "It is time for the administration to present its proposals and to show its commitment to passing the new NAFTA... ."