The World Trade Organization issued a series of four rulings Dec. 9 finding that the U.S. Section 232 steel and aluminum tariffs set by President Donald Trump violated global trade rules. In the landmark rulings, a three-person panel found that the duties violated Articles I, II, XI and XXI of the General Agreement on Tariffs and Trade. The dispute panel said the tariffs, which the Trump administration said were needed to maintain U.S. national security, were not "taken in time of war or other emergency in international relations," as mandated by Article XXI(b)(iii) of national security protections, so the duties violate the GATT.
Customs duty
A customs duty is a tariff or tax which a country imposes on goods when they are transported across international borders. Customs Duties are used to protect countries' economies, residents, jobs, and environments, by limiting the flow of imported merchandise, especially restricted and prohibited goods, into the country. The Customs duty rate is a percentage determined by the value of the article purchased in the foreign country and not based on quality, size, or weight. U.S. customs duties are listed in the Harmonized Tariff Schedule of the United States.
DOJ briefs in the massive Section 301 litigation don't demonstrate that the Office of the U.S. Trade Representative considered "major objections contemporaneously with its decisions" to impose the lists 3 and 4A tariffs, the plaintiffs argued in a Dec. 5 reply brief at the Court of International Trade. While USTR relies on presidential direction as the post hoc justification of its decisions, the court already ruled that out as a means of satisfying the Administrative Procedure Act, the brief said. To now satisfy the APA, the U.S. may take new action, but the lists 3 and 4A tariffs may not stay in place based on "conclusory and post hoc rationales," the plaintiffs said (In Re Section 301 Cases, CIT #21-00052).
The following lawsuits were filed at the Court of International Trade during the weeks of Nov. 21-27 and Nov. 28 - Dec. 4:
Colorado-based Ellab Inc. and its Danish parent company, Ellab A/S, paid the U.S. over $700,000 to settle charges that it failed to pay customs duties on imports of thermal validation equipment, the U.S. Attorney's Office for the District of Colorado announced Dec. 1. The U.S. alleged Ellab failed to classify its imports and properly declare their value, neglecting to pay the full amount of the duties owed on the goods.
The early submissions to the Office of the U.S. Trade Representative on whether the 7.5% and 25% tariffs on Chinese goods should continue were heavily against continuing the action. More than 90% of the 27 submissions either said end all the tariffs or urged dropping the ones that affect businesses or workers.
The U.S. Chamber of Commerce says "it’s critical that legislation to renew the Miscellaneous Tariff Bill (MTB) and the Generalized System of Preferences (GSP) not get lost in the shuffle" during the lame duck session, as Congress tries to find a way to pass funding for the federal government.
Seventeen styles of fabrics are not excluded from 10% Section 301 duties because they do not qualify as microfibers or microdeniers, CBP said in a Sept. 8 ruling, recently released publicly.
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 International Trade Commission, which is tasked with measuring the economic impact of the USMCA's stringent auto rules of origin, heard from auto industry players in the U.S. and Mexico that satisfying the labor value content audits is next-to-impossible.
Panelists from the three countries in the USMCA -- including the chief negotiator for Mexico in what became the USMCA -- said they expect, or hope for, the auto rules of origin to change four years from now, as part of the six-year review of the trade deal.