The National Taxpayers Union, a group that advocates for lower taxes, is urging members of the House of Representatives to vote against a resolution that would overturn the administration's decision to delay antidumping and countervailing duties on solar panels from Southeast Asia that the Commerce Department says circumvent an earlier order against Chinese panels.
At a House Ways and Means Trade Subcommittee hearing, Democrats talked up their legislative proposals -- two bipartisan, two not -- as answers to confronting China's trade agenda, and expressed skepticism of witnesses' advocacy for ending permanent normal trade relations with China, while some Republicans expressed interest in that approach, and one seemed cautious.
Importer SXP Schulz Xtruded Products needed a protest to properly challenge CBP's failure to apply a Section 232 duty exclusion on four entries of its steel forged and turned bars, the Court of International Trade ruled. Dismissing the case for lack of subject matter jurisdiction, Judge Jennifer Choe-Groves held that SXP could have filed for an extension of liquidation while it was waiting for the Commerce Department to correct the erroneous exclusion it issued or simply have filed a protest, which would have queued up jurisdiction under Section 1581(a).
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The Court of International Trade is considering asking certain plaintiffs in the massive Section 301 litigation how they would like to proceed with claims that are distinct from the ones already decided by the trade court. Speaking at an April 11 status conference with the government and representatives of the 15-member steering committee for the plaintiffs, Judge Mark Barnett asked if the court should ask those plaintiffs whether or not they want to continue to litigate the distinct claims, and if the claims move forward, whether there is any reason to wait to resolve them (In Re Section 301 Cases, CIT # 21-00052).
The following lawsuits were filed at the Court of International Trade during the week of April 3-9.
The Court of International Trade on April 11 dismissed without prejudice a suit from Environment One Corp. seeking to impose a Section 301 exclusion on 31 entries, for failing to state a claim on which relief can be granted. While Judge Mark Barnett ruled against the government's motion to dismiss the case pertaining to 23 of the entries for lack of jurisdiction, the judge ultimately granted the U.S. motion to dismiss the case since the plaintiff failed to include key information about the merchandise at issue in the case's amended complaint. Barnett gave Environment One 10 days to file a second amended complaint lest the case be dismissed with prejudice.
The following lawsuits were filed at the Court of International Trade during the weeks of March 20-26 and March 27 - April 2:
A proposed formula for apportioning the value of tooling assists to imported auto parts can’t be used by an importer because it doesn’t take into consideration the country of origin of the imported parts and so fails to account for the possibility that they could be subject to additional Section 301 and Section 232 duties, CBP said in a ruling released March 27.
Electronic goods with Chinese components such as notebooks, laptops and modems reimported to the U.S after undergoing repairs in Mexico are still subject to Section 301 tariffs on the repairs, even though the repairs are duty free under USMCA, CBP said in a February ruling.