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.
A recent Court of International Trade opinion left prior court precedent on the question of what constitutes a substantial transformation "dead, or on life support," an analysis from law firm Neville Peterson said. The result is that importers who have been told by CBP that the country of origin of their goods is the country of origin of the goods' major inputs or essential components will likely seek reconsideration of those rulings, seeking refunds on Section 301 China tariffs in particular, the firm said.
The Wall Street Journal, citing unnamed sources, said the administration could initiate another Section 301 investigation into China's practices in strategic sectors. It said the sources didn't say which sectors, but said there could also be tighter export controls, with greater cooperation with European and Asian allies on subsidies, and that the administration might increase scrutiny of U.S. companies' investments in China. The article said that a Section 301 investigation has been bandied about for months, but that it has new momentum since the talks to build on the Trump administration's phase one trade agreement have been fruitless. The Office of the U.S. Trade Representative and the White House press office didn't respond to requests for comment.
CBP issued the following releases on commercial trade and related matters:
China's lack of worker rights, weak environmental standards "and anticompetitive subsidies are the hallmarks of China’s artificial comparative advantage. It is an advantage that puts others out of business and violates any notion of fair competition," the annual trade policy agenda from the Office of the U.S. Trade Representative said, and the administration is looking to advance fair competition "through all available avenues," including coordinating with other countries, using existing trade agreements, or new tools, it said.
The following lawsuits were filed at the Court of International Trade during the week of Feb. 21-27:
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 Customs Rulings Online Search System (CROSS) was updated Feb. 25. The following headquarters rulings were modified recently, according to CBP:
U.S. importers made smartphone shipments to the U.S. a nearly $60 billion business in 2021, with the highest yearly dollar volume since 2007, when handsets began to be tracked in Harmonized Tariff Schedule subheading 8517.12.00, according to Census Bureau data recently accessed through the International Trade Commission’s DataWeb portal. Inflationary trends from supply chain woes and semiconductor shortages, plus a higher mix of 5G-enabled handsets with higher average value, likely fueled the record-high dollar volume.
Neither importer Cyber Power Systems (USA) Inc. nor the U.S. succeeded in persuading the Court of International Trade that their side was right in a tiff over the country of origin for shipments of uninterruptible power supplies and a surge voltage protector. Judge Leo Gordon, in a Feb. 24 order, denied both parties' motions for judgment, ordering the litigants to pick dates on which to set up a trial.