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.
CBP issued a correction to a recent notice that proposed and outlined new data elements meant to help with vetting members of the Customs-Trade Partnership Against Terrorism (see 2202170041). "The document contained information about the CTPAT Portal that was in the process of being updated to meet current modern computing standards and to allow for updates to the minimum-security criteria," the agency said in a notice released March 3. "Due to unforeseen developmental delays, CBP is pausing proposed updates to these internal systems."
The Federal Maritime Commission is planning to issue an advance notice of proposed rulemaking on container return and "earliest return date" practices by carriers, Commissioner Rebecca Dye told the Senate Commerce Committee. She also said there will be an advance notice of proposed rulemaking on detention and demurrage billing practices.
A bipartisan bill was introduced March 1 in the Senate to revoke normal trading relations with Russia "and other countries that invade sovereign nations." The next day, the chairman of the Senate Finance Committee introduced his own version, which echoes the House bill, in that it not only revokes permanent normal trade relations, it also suggests that the U.S. delegation to the World Trade Organization work to convince other countries to expel Russia from the WTO.
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.
Senate Finance Committee Chairman Ron Wyden, D-Ore., is saying that Russia should no longer get permanent normal trade relations treatment, which would hike tariffs on Russian imports, doubling the tariffs on imported crude and on caviar, for instance.
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Sen. Rob Portman, R-Ohio, said he is interested in revoking Permanent Normal Trading Relations with Russia over the weekend. "The US must respond forcefully & consider the unprecedented nature of the crisis," he tweeted. "Everything should be on the table -- including revoking Permanent Normal Trading Relations w/ Russia. Access to the US market is a privilege, not a right."
House Ways and Means Trade Subcommittee Chairman Earl Blumenauer, D-Ore., and Rep. Lloyd Doggett, D-Texas, introduced legislation to end permanent normal trade relations with Russia, and they are seeking to remove Russia from the World Trade Organization as well. “In seeking multiple ways to respond to Russia’s unprovoked invasion of Ukraine, we should close every possible avenue for Russian participation in the world economy,” Doggett said in their Feb. 25 press release. "As Putin undermines the stability carefully built since World War II, he and his oligarch pals should not benefit from the trading system created to ensure that stability and peace.”
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.