Tim Warren

CBP is investigating whether IPC International evaded antidumping duties on garlic from China, according to an Enforce and Protect Act notice posted on Sept. 11. IPC is alleged to have evaded AD duty order A-570-831 on fresh garlic from China, CBP said in the notice, which is dated July 12. The allegation came from Kelley Drye lawyer Michael Coursey on behalf of the Fresh Garlic Producers Association (FGPA).

Crystalline silicon photovoltaic cells manufactured in Taiwan and finished in India are considered to be of Taiwan origin and are subject to the Section 201 safeguard measures on solar cells, CBP said in a May 24 ruling. At the time of the ruling (H301813), had the cells been of Indian origin, they would not have been subject to the Section 201 tariffs. As of June 5, though, India is no longer exempt from the safeguards because it was removed from eligibility as a Generalized System of Preferences beneficiary country (see 1906050043). The ruling was in response to an internal advice request through the Industrial and Manufacturing Materials Center of Excellence and Expertise.

Various promotional items imported by Bic Graphic that are labeled in the U.S. before export to NAFTA countries are considered as in the "same condition” for purposes of the NAFTA limitation on drawback, CBP said in an Aug. 12 ruling. CBP said in HQ H292472 the multiple labeling methods involved don't result in a change in condition and also may still be considered "unused." Mallory Alexander International Logistics requested the ruling on behalf of Bic Graphic.

The planned U.S. and Chinese tariff increases are expected to go forward as scheduled and escalation will continue "until both sides feel enough economic, market and/or political pain to strike a deal," said Bank of America Merrill Lynch global economists Ethan Harris and Aditya Bhave in a Sept. 3 research report. "The recent escalation has opened an almost insurmountable gap in terms of numbers and trust," the economists said. "The only real question is whether the Trump Administration takes the politically dangerous step of imposing tariffs on headline consumer products in December. We think they give it a go: given the supply chain lags it will mainly impact consumer prices after the holidays. All told we expect US tariffs against China to increase from about $63bn in August to more than $115bn by yearend, with Chinese tariffs on US products rising from $20bn to $25bn."

As the 15 percent List 4A Section 301 tariffs took effect Sunday on $52 billion worth of TVs, Bluetooth headphones, smartwatches and other China-sourced consumer tech goods, the Consumer Technology Association marked the development by renewing its call for congressional legislation to rein in presidential authority to wage tariff actions. The U.S. president “does not have unilateral authority on trade,” CTA CEO Gary Shapiro said.

The manufacturing of major Roomba robotic vacuum subassemblies that occurs in Malaysia is enough for the vacuum to be considered of Malaysian origin, CBP said in a July 31 ruling. Sandler Travis lawyer Paula Connelly, representing iRobot, sought CBP's input on the country of origin. The agency also said the retail set that includes the vacuum is of Malaysia. The vacuum is classified in subheading 8508.11.0000, which was included in the third tranche of Section 301 tariffs on goods from China.

China is the country of origin for a postage meter assembled in that country because a substantial transformation occurs when the components are assembled, CBP said in a June 6 ruling. Barnes Richardson lawyer Sandra Friedman, representing Brother Industries, requested the ruling and said the meter's origin should be based on the “print axis,” the most expensive piece and a product of Malaysia. CBP disagreed and said the “question of the complexity of the assembly process which occurs in China is not limited to an examination of the assembly of the various subassemblies to one another, as initially presented in your submission, but includes an examination of all of the assembly processes involved in China in the production of the incomplete postage meter.”

U.S. Trade Representative Robert Lighthizer expects Canada's Parliament to continue progress on the U.S.-Mexico-Canada Agreement in the fall following October elections, he said in recently posted written responses to House Ways and Means Committee members following a June 19 hearing (see 1906190062). "The Trudeau government has begun necessary steps to ratify the USMCA in its Parliament and has stated that it plans to move forward on implementation in tandem with the United States," he said. "The Canadian Parliament has adjourned for the summer and is not expected to return before federal elections are held on October 21, 2019. We anticipate that Canada will take up the legislation once a new government is seated later this fall, and we are confident that the Parliament will vote in favor of the Agreement."

CBP should provide more information through ACE to importers about detention and seizures involving intellectual property rights, the Commercial Customs Operations Advisory Committee IPR Working Group said in draft recommendations released ahead of the Aug. 21 meeting (see 1908160030). "There needs to be a linkage between the detention outcome and the subsequent seizure determinations," the working group said. "Currently, seizure notices do not refer or tie to detentions. There should be the ability to connect and trace detentions to seizures. As a short-term solution, the CBP Centers of Excellence & Expertise should work with their Partnership accounts to share this information."

The Commercial Customs Operations Advisory Committee appears to be among the advisory committees that aren't eligible for elimination under a recent executive order. President Donald Trump issued an executive order in June that directed all federal departments and agencies to eliminate one-third of their current Federal Advisory Committee Act-authorized committees by Sept. 30 (see 1906170021). Committees authorized by statute aren't eligible for elimination and, according to a search on the FACA database, there are 22 trade-focused committees that are required by statute.