Sen. Bill Cassidy, R-La., told an audience at the American Association of Exporters and Importers conference June 15 that his discussion draft of a Customs modernization bill elicited some consternation, but that it was shared because he was trying to figure out "how do we get stakeholders in a good place so that we can have a customs modernization package?"

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CBP released an "operational guidance for importers" June 13 that explains the processes involved in Uyghur Forced Labor Prevention Act enforcement. The guidance puts in writing much of what was described in recent webinars (see 2206080033, 2206010034 and 2206020055) hosted by CBP on the UFLPA rebuttable presumption that goods involving the Xinjiang region of China are made with forced labor and illegal to import unless the importer can prove otherwise. The rebuttable presumption goes into effect June 21, and CBP plans to issue a more detailed "strategy" document on that day.

While several key players portrayed negotiations as active on the trade title, House Ways and Means ranking member Rep. Kevin Brady, R-Texas, said: "We've had virtually no discussions on the trade provisions in the China conference. We're eager to get talking about it. The trade provisions are not going to be easy. I do think there's common ground, but the clock's ticking and we have a lot of work to do, and the sooner we get to it, the better."

A top official in the Office of the U.S. Trade Representative said that opposition to extending a moratorium on tariffs on sales of intangible goods has surfaced before, but that the e-commerce moratorium has been renewed at every World Trade Organization ministerial conference since 1998. "There are a few countries, despite benefiting from e-commerce and digital trade, who continue to resist an extension of the moratorium," she said, but most countries, including in the developing world, see the tariff-free status as important.

The Court of International Trade in a June 1 opinion made public June 9 dismissed a case seeking Section 232 steel and aluminum tariff exclusions brought by exporter Borusan Mannesmann and importer Gulf Coast Express Pipeline. Judge Timothy Reif said that the court lacks subject matter jurisdiction since the subject entries are unliquidated. The court ruled that the plaintiffs failed to show that CBP's decision not to issue refunds before liquidation constitutes a protestable decision.

The U.S. Court of Appeals for the Federal Circuit in a June 9 opinion dismissed a broad challenge to President Donald Trump's Section 232 steel and aluminum tariffs. The plaintiffs, led by USP Holdings, argued that the Commerce Department report preceding presidential action violated the law since it failed to outline an imminent threat to the domestic industry as required by the statute and was unsupported by substantial evidence. A three-judge panel at the court ruled against these arguments, holding that there is no "imminence requirement" in the statute and that the threat determination is not reviewable under the "arbitrary and capricious" standard since the secretary's action "is only reviewable for compliance with the statute."

Social compliance audits meant to show to CBP the lack of Xinjiang forced labor for imports suspected to be subject to the Uyghur Forced Labor Prevention Act would require additional proof that the auditors weren't interfered with by the government or the company involved, said Thomas Kendrick, CBP assistant director of the Petroleum and Natural Gas Center of Excellence and Expertise. Kendrick and other CBP officials discussed UFLPA compliance on June 7 during the second of three webinars on the subject (see 2206010034).

An importer can use fallback methods of valuation for replacement parts or refurbished items when it reasonably does not have access to pricing information, CBP headquarters said in a recently released ruling. In HQ H321592, dated Feb. 4 and publicly released June 6, CBP ruled that used goods returned to the U.S. after undergoing repairs abroad can be appraised using straight-line depreciation and cost of repairs and that replacement goods imported into the U.S. pursuant to a warranty claim can be appraised using the transaction value of similar new goods.

Sen. Sheldon Whitehouse, D-R.I., is proposing a limited carbon tax on firms that are dirtier than average in about a dozen industries, and a carbon border tax on imports in those industries that are also above those benchmarks. The fee would start in 2024, for fossil fuel producers, refiners of petroleum products, petrochemicals manufacturers, fertilizer producers, hydrogen producers, adipic acid processors, cement producers, iron and steelmakers, aluminum producers, glass producers, pulp and paper plants, and ethanol producers. According to a press release from Whitehouse.