The U.S. is using "magical thinking" as the basis for its defense in the case against the legality of tariffs imposed under the International Emergency Economic Powers Act, said Rick Woldenberg, CEO of Hand2Mind and Learning Resources, the plaintiffs in the suit currently at the U.S. Court of Appeals for the D.C. Circuit.
CBP issued the following releases on commercial trade and related matters:
CBP is starting to list on its website which qualified parties acting in lieu of a carrier have been qualified by CBP to collect and pay duty on international mail that previously would have been eligible for the de minimis exemption, according to an Aug. 21 cargo systems message. Additional parties seeking to be certified as a qualified party should follow the process outlined in the agency's Aug. 15 guidance, which includes submitting a CBP Form 5106, obtaining a bond and fulfilling other requirements, CBP said in the message. The list will be updated as new qualified parties are certified.
The Commerce Department's Bureau of Industry and Security seeks public comments by Sept. 9 in connection with its recently launched Section 232 investigation on the national security effects of imports of wind turbines and their parts and components, it said in a Federal Register notice. BIS is interested in such effects as the concentration of U.S. imports of wind turbines and their parts and components from a small number of suppliers or foreign nations and the associated risks; the potential for foreign control or exploitation of the wind turbine supply chain; and the ability of foreign persons to weaponize the capabilities or attributes of foreign-built wind turbines and their parts or components.
Lawyers with extensive experience in Uyghur Forced Labor Prevention Act detentions said that CBP processes have been changing, and that companies should stress test how quickly they can get documents about materials from their suppliers and suppliers' suppliers, and how quickly they can understand all they've been given and send the right documents to CBP.
Crowell & Moring partner David Stepp, a trade expert in the Los Angeles office, said that he and other trade lawyers have been hearing rumors about how the Trump administration will define "transshipment" in its reciprocal trade agreements. He said the rumor is that details will be released "in coming days."
EU Trade Minister Maros Sefcovic said that the EU "will need to translate key elements of the joint statement into legislative proposals," and that politicians have a "firm intention" to "present these legislative proposals and launch this process still this month."
The U.S. will lower tariffs on EU goods covered by the automotive Section 232 action from 25% plus the most favored nation rate to a flat 15% as soon as the European Parliament introduces legislation to eliminate its industrial tariffs. A joint statement issued by the two sides Aug. 21 said the "tariff reductions are expected to be effective from the first day of the same month in which the European Union’s legislative proposal is introduced."
The Commerce Department published notices in the Federal Register Aug. 20 on the following antidumping and countervailing duty (AD/CVD) proceedings (any notices that announce changes to AD/CVD rates, scope, affected firms or effective dates will be detailed in another ITT article):
The Commerce Department is setting new antidumping duty cash deposit requirements for imports of temporary steel fencing from China (A-570-198), after finding imports of the product are being sold in the U.S. at less than fair value in the preliminary determination of its AD investigation. Suspension of liquidation and cash deposit requirements generally took effect Aug. 19, but Commerce is making the suspension of liquidation and AD cash deposits retroactive to approximately May 21 for some Chinese companies.