The U.S. agreed on April 19 to enter consultations on its Section 232 tariffs on steel and aluminum with the European Union and India. The action follows its announcement April 17 that it would consult with China on the matter. In all cases, the U.S. says the tariffs are not safeguards, as the countries allege, and that they are not subject to World Trade Organization dispute settlement because they are matters of national security.
International Trade Today is providing readers with some of the top stories for April 9-13 in case they were missed.
CBP is seeking comments by June 18 on an existing information collection related to the entry/immediate delivery applications and ACE cargo release, it said in a notice. CBP proposes to extend the expiration date of this information collection with minor changes to the information collected related to safeguard duties on washing machines and solar cells and Section 232 tariffs on steel and aluminum products, as well as an increase of the estimated burden hours associated with the collection.
The slew of trade remedies "changes everything" for importers, making programs like drawback and foreign-trade zones more valuable to companies that previously didn't need to consider such options, said Amie Ahanchian, KPMG managing director, Trade and Customs Services, during an April 16 KPMG webinar. Of the 1,333 tariff lines on the Section 301 list (see 1804040019), about 60 percent, or around 800 line items, are duty-free today, she said. That means "if you're importing these items, you may not have ever considered a customs planning strategy because there were no duties to mitigate in the current trade environment," she said.
Sen. Chuck Grassley, R-Iowa, represents a state that exports lots of soybeans to China but remains critical of the U.S.'s largest trading partner in goods. He said he recently visited five cities in China with Agriculture Secretary Sonny Perdue and other senators. What he saw there convinced him that Chinese officials "will do anything legal or illegal, moral or immoral, ethical or unethical ... to get ahead and stay ahead." He added, "They are very strategic and we're very short-sighted." Grassley, speaking at a Senate Finance trade subcommittee hearing April 11 on access to China's market, said he's one of the only Congress members still in office who voted to allow China full membership in the World Trade Organization. "It hasn't turned out the way I anticipated," he said. "I kind of feel like I should feel sorry for my vote."
The House Ways and Means Committee grappled with the fact that tariffs might be painful enough for China to change course on its unfair trade practices but that protecting mills and smelters will hurt factories. China's retaliatory tariffs, in turn, will hurt agriculture and chemical exporters. Committee Chairman Kevin Brady, R-Texas, said during a hearing on the effects of new tariffs that he wants enforceable trade policies to target bad actors, but said, "at the same time, we must avoid unintended consequences that hurt Americans."
Misclassification and valuation are among areas of enforcement focus for CBP's administration of the Section 232 tariffs on steel and aluminum, CBP officials said during an April 10 interview. "Classification is a way to play with it, valuation as well, but these are things we will have to look at," said John Leonard, executive director of trade policy and programs at CBP. There are some different considerations involved for looking at possible transshipments because most antidumping or countervailing duty evasions involve countries around China, such as Malaysia or Thailand, but those countries are affected by the 232 tariffs too, he said. "It's hard to put it in that same context," he said.
Importers should keep an eye out for the effects new duties on steel and aluminum have on importer bond limits, said Liz Gant, a corporate regulatory compliance analyst at Samuel Shapiro & Company, in the company's monthly newsletter. CBP "uses duties, taxes and fees based on the previous 12 months to evaluate the sufficiency of your bond," she said. That means that if the Section 232 tariff duties remain in effect for an extended period, it could impact bond sufficiency. "While the additional tariffs are in place, bond sufficiency should be monitored by the importer closely," she said. "An importer does not want to be surprised if Customs deems their bond insufficient and a shipment is delayed while the importer gathers the information required for the surety."
China says that the U.S. decision to levy 25 percent tariffs on imported steel from some parts of the world, and 10 percent tariffs on aluminum, was not fair and impartial, and also violated World Trade Organization agreements by not treating all nations in the WTO equally with regard to the tariffs. Under WTO rules, countries are not allowed to raise tariffs above bound rates on some countries but not others in most circumstances. The U.S. used the Section 232 national security exemption from that rule, but China dismisses that assertion, and says that these tariffs are safeguards in disguise. Earlier, China asked for consultations on compensation for the safeguard tariffs (see 1803260025), and this latest request for consultations, posted April 10, tackles the legality of the action. China says the U.S. ignored the rules on how to implement safeguard tariffs. Those rules say that a country has to prove a surge in imports is harming or will harm domestic producers. The U.S. has already responded to China's earlier request for consultations by saying that these are not safeguard tariffs.
International Trade Today is providing readers with some of the top stories for April 2-6 in case they were missed.