A vinyl tile supplier challenged the extension of tariffs to cover the third list of goods from China using Section 301 tariff authority, in a lawsuit filed Sept. 10 at the Court of International Trade. Represented by lawyers at Akin Gump, HMTX Industries and subsidiaries Halstead and Metroflor said the Office of the U.S. Trade Representative overstepped the Section 301 statute when it made more goods subject to the tariffs 12 months after the beginning of the investigation. The law doesn't provide authority for the government to “litigate a vast trade war for however long, and by whatever means, they choose,” the company said.
The Commerce Department will expand steel import licensing requirements to cover more steel products and require more information to be submitted to obtain the licenses, it said in a final rule released Sept. 10. The rule also indefinitely extends the expiration date of the Steel Import Monitoring and Analysis (SIMA) system, which had previously been renewed every four years and was set to expire in 2022, by removing provisions on the program’s expiration from the regulations. The rule takes effect Oct. 13.
July laptop and tablet unit imports to the U.S. continued their torrid growth from a year earlier, though July growth was flat sequentially from June, according to Census Bureau data accessed Sept. 6 through the International Trade Commission’s DataWeb tool. Shortages of laptop liquid crystal display (LCD) panels and central processing units (CPUs) threaten to impede sales as the supply chain buckles under the weight of sustained consumer demand for notebook PCs as “essential” work-from-home and remote-learning connectivity tools, market leaders Hewlett-Packard and Dell said during earnings calls in August.
The International Trade Commission recently issued two revisions to the 2020 Harmonized Tariff Schedule to implement changes to exclusions on tariffs from China, as well as modifications of Section 301 tariffs on the European Union and Section 232 tariffs on aluminum from Canada. In Revision 20, issued Aug. 31, the ITC implemented recent changes to Section 301 tariffs on the European Union that removed cheeses from Greece and sweet biscuits from the United Kingdom, while adding fruit jams and purees from France and Germany to the list of goods subject to tariffs (see 2008130031). New subheading 9903.89.55 is added to implement some of the changes. The ITC also implemented new and amended exclusions from list three Section 301 tariffs on products from China (see 2008210003).
Modifications to rules of origin for the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR) announced in presidential proclamations issued in 2016 and 2017 will take effect Nov. 1, the Office of the U.S. Trade Representative said in a notice released Sept. 2. The changes, which are intended to continue the same tariff treatment under CAFTA-DR despite revisions to member countries’ national tariff schedules, had been detailed in annexes included with the proclamations (see 1612190005 and 1712260010) but awaited USTR’s announcement of an effective date prior to implementation. “The applicable conditions set forth in the CAFTA-DR” for implementation of the changes to the rules of origin “have been fulfilled,” USTR said in the notice.
A recently announced reduction in quotas on Brazilian semi-finished steel results in a reduction in the annual quota amount of about 10%, according to an annex, released Sept. 1, to the president’s earlier proclamation. Originally implemented as part of a deal with Brazil for the country to avoid Section 232 steel tariffs, the adjustment for decreased U.S. steel demand causes the quota for subheading 9903.80.57, which covers steel blooms, billets and slabs, semi-finished, to fall on an annual basis to 3,155,137,048 kg, down 350,570,783 kg from the original deal. The Office of the U.S. Trade Representative has said that, in terms of remaining quota amounts for the year, the reduction amounts to a decline from 350,000 metric tons (350,000,000 kg) to 60,000 metric tons (60,000,000 kg) (see 2008310010). The annex also implements in new subheading 9903.80.62 an exemption from the decreased quota amounts for covered products already contracted for purchase, provided that the decrease would result in a disruption, among other conditions.
The following lawsuits were filed at the Court of International Trade during the week of Aug. 24-30:
CBP will add the ability in ACE for importers to file entries with recently excluded goods in the third tranche of Section 301 tariffs on Sept. 3, it said in a CSMS message. The official Office of the U.S. Trade Representative notice for the exclusions was published Aug. 24 (see 2008210003). The two exclusions are in subheading 9903.88.48. The exclusions are available for any product that meets the description in the Annex to USTR’s notice, regardless of whether the importer filed an exclusion request. The product exclusions are already expired but will apply retroactively to Sept. 24, 2018, the date the tariffs on the third list took effect, and through Aug. 7, 2020. The CSMS message also includes a summary of Section 301 duties that shows information on each tranche of tariffs and granted product exclusions.
More than half of all exclusions from list four Section 301 China tariffs are set to expire Sept. 1, after the Office of the U.S. Trade Representative declined to extend them in the run-up to their expiration. USTR granted extensions to 87 of the more than 200 list four exclusions published to date.
The U.S. will tighten quotas on Brazilian steel exports because the steel market has contracted in 2020, President Donald Trump said in a proclamation, issued at 10:30 p.m. on Aug. 28. Domestic producers have shipped 15% less across the first half of 2020 than in the previous year, which is more than the decline in demand, Trump said. Imports from most countries have declined this year in a manner commensurate with this contraction, whereas imports from Brazil have decreased only slightly, the proclamation said.