A bill introduced this week by two Democrats that would give Congress some say on Section 301 tariffs (see 1903280054) was endorsed by Freedom Partners March 29. The pro-business group's executive vice president, Nathan Nascimento, said: "This bill is another signal that there is growing momentum for Congress reclaiming its authority over tariffs. Americans pay enough in taxes as it is without the executive branch imposing new levies unilaterally.”
Tariffs levied in the name of national security, whether under Section 232 or other statutes, could only last 120 days without affirmative congressional approval under a proposed bill from Sen. Tim Kaine, D-Va., and Sen. Tom Carper, D-Del. This approach is similar to what's being considered in the Senate Finance Committee, but this bill, introduced March 27, also provides more information and consultation for Section 301 tariffs, such as those currently applied to Chinese goods. Under Section 301, the International Trade Commission would receive descriptions about what products will face tariffs, and at what rates, how long a tariff would last, and the ITC would produce a report on the impact on the economy. The bill would allow Congress to pass a joint resolution of disapproval of these tariffs, but that vote could be vetoed by the president. The bill is called the ‘‘Reclaiming Congressional Trade Authority Act of 2019.’’
Senate Finance Committee Chairman Chuck Grassley, R-Iowa, is finding a way to bridge the gap between an approach that would roll back existing Section 232 tariffs and prevent any new ones without congressional assent and an approach that would leave metals tariffs in place and give Congress the opportunity to rein in Section 232 authority only by disapproving tariffs that have been levied. The latter tack would require a veto-proof majority (see 1902120033).
CBP created Harmonized System Update (HSU) 1904 on March 25, containing 1,015 Automated Broker Interface records and 194 Harmonized Tariff Schedule records, it said in a CSMS message. The update includes adjustments required by the Office of the U.S. Trade Representative's announcement of new exemptions from Section 301 tariffs on China (see 1903210048). Also included in the update are "some, not all, of the associated HTS codes for composite wood products, flagged with an EP7 (TSCA certification 'may be required’) code," CBP said. Modifications required by the verification of the 2019 HTS are included as well.
International Trade Today is providing readers with some of the top stories for March 18-22 in case they were missed.
CBP on March 22 added the ability in ACE for importers to file entries with the second group of exclusions from Section 301 duties, it said in a CSMS message issued on the same day. Filers of imported products that were granted an exclusion should report the regular chapter 84, 85 or 90 Harmonized Tariff Schedule number, as well as subheading 9903.88.06 for products subject to Section 301 duties on products from China but that have been granted an exemption by the Office of the U.S. Trade Representative. “Do not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.06 is submitted,” CBP said.
The latest batch of Section 301 exclusions (see 1903200067) only cover three 10-digit-level products in whole, while another 30 products are subsets of 10-digit Harmonized Tariff Schedule codes.
FedEx experienced “a significant amount of traffic that was put on the water” beginning in late summer as importers tried to beat the Jan. 1, 2019, increase in the tariff rate on List 3 of Chinese goods subject to Section 301 tariffs, CEO Fred Smith said on a March 19 conference call to discuss earnings in the third quarter of fiscal year 2019. Though President Donald Trump postponed the rate increase to March 1 -- and later delayed it indefinitely -- “there was a lot of inventory that was moved into the U.S.” in the calendar year Q4 and a subsequent slowdown in calendar Q1, he said. “So hopefully now with the anticipation of a trade deal, maybe we'll go back into a more normal cycle,” he said. FedEx estimates U.S. e-commerce numbers about 50 million packages in “average daily volume,” and forecasts that amount will double to 100 million by 2026, said Brie Carere, chief marketing and communications officer. “We expect one in four incremental e-commerce packages to be locally fulfilled between now and 2026,” she said. “Innovations” like the robotic FedEx SameDay Bot, unveiled last month, and the new FedEx Extra Hours program will help meet the trend, she said. Extra Hours “enables merchants to fulfill locally as late as midnight while enabling their customers to shop in the evening with next-day or two-day delivery,” she said.
There are no immediate plans to remove the Section 301 tariffs on goods from China, President Donald Trump told reporters March 20. Asked about discussions of the possible lowering of tariffs as the two countries work toward a trade deal, Trump said the tariffs will continue. "No, we're not talking about removing them, we're talking about leaving them [in place] for a substantial period of time because we have to make sure that if we do the deal with China, that China lives by the deal," he said. China has "had a lot of problems living by certain deals," he said. Even so, "the deal is coming along nicely," Trump said. "We have our top representatives going there this weekend to further the deal," he said. The U.S. is taking in "billions and billions of dollars right now in tariff money, and for a period of time that will stay."
The Office of the U.S. Trade Representative issued another list of product exclusions from Section 301 tariffs on goods from China, granting full or partial exemptions for 87 separate exclusion requests, according to a pre-publication copy of a notice posted to the agency’s website March 20. The product exclusions apply retroactively to July 6, 2018, the date the first set of tariffs took effect, and will remain in effect until one year after USTR publishes the notice in the Federal Register.