Lori Wallach, a long-time free-trade skeptic, urged listeners to her Rethink Trade podcast to call their members of Congress and say: "I am scared silly about the abuse of this outrageous de minimis loophole. What is the congressman going to do to close this loophole?"
CBP ruled that the Caper Cart, a "'smart' shopping cart" imported by Instacart, is classified as a vehicle under Harmonized Tariff Schedule heading 8716. The agency said in a customs ruling released Jan. 12 that the cart is "essentially" a manually propelled vehicle that transports goods and functions as a cart, regardless of whether the electronic payment features and point-of-sale system are on the cart.
The U.S. District Court for the Southern District of New York on Jan. 26 declined to dismiss a False Claims Act suit from a whistleblower that alleges her employer misclassified footwear to avoid tariffs. Magistrate Judge Robert Lehrburger said the fact none of the defendants served as the importer of record for the allegedly undervalued footwear imports is irrelevant for purposes of establishing liability under the FCA (United States ex rel. Devin Taylor v. GMI USA Corp., S.D.N.Y. # 16-7216).
House Ways and Means Trade Subcommittee Chairman Adrian Smith, R-Neb., along with Rep. Dusty Johnson, R-S.D., and two California Democrats, announced they are launching a caucus to push for boosting agricultural exports and knocking down trade barriers in ag.
Both of Georgia's senators, plus Sens. Sherrod Brown, D-Ohio, and Marco Rubio, R-Fla., urged the Biden administration to raise Section 301 tariffs on Chinese solar panels, cells and wafers. They said a Chinese panel costs more than 60% less than U.S.-made panels.
An analysis of how the stricter rule of origin for auto imports has been implemented -- including the unprecedented labor value content element -- praised coordination among the Office of the U.S. Trade Representative, the Labor Department, CBP and other agencies with expertise, but noted that final regulations have been held up because the U.S. has not reached a final resolution in the dispute it lost at a USMCA panel.
The U.S. and the EU held the fifth meeting of the U.S.-EU Trade and Technology Council in Washington on Jan. 30, where the two sides again committed to increasing trade and cooperating on economic security and emerging technology issues, according to a European Commission readout of the meeting. The commission said the EU and the U.S. agreed to “explore ways to facilitate trade in goods and technologies that are vital for the green transition” and strengthen approaches to investment screening, export controls, outbound investment and “dual-use innovation.”
CBP issued the following releases on commercial trade and related matters:
The Court of International Trade on Jan. 30 said that for drawback purposes the 10-digit Harmonized Tariff Schedule subheadings should be read starting with their directly adjacent text and not the superior indented text. Judge Claire Kelly said the "plain meaning" of the statute governing substituted unused merchandise drawbacks refers to the "words describing the article adjacent to the 10-digit number."
Japan, which suffered economic coercion from China earlier than any other country, is largely on the same page as the U.S. when it comes to supply chain resilience and restrictions on exports, but the two diverge in their attitudes about China's role in the global economy.