Five Republican Senators filed an amicus brief on Dec. 15 with the U.S. Supreme Court, urging it to take up a case over the limits of the president's authority under the Section 232 national security tariff statute. The brief, signed by Sens. Pat Toomey, R-Pa.; Mike Crapo, R-Idaho; Bill Cassidy, R-La.; Mike Lee, R-Utah; and Ben Sasse, R-Neb., argues against a U.S. Court of Appeals for the Federal Circuit opinion spurning time limits imposed in the statute. The time limits are crucial to ensuring that "Congress makes the major policy decisions regarding the regulation of foreign commerce," the lawmakers said.

CBP “understands” that the five-year Harmonized Tariff Schedule update to implement changes to the World Customs Organization’s Harmonized System will not take effect Jan. 1, 2022, it said in a CSMS message. “CBP is awaiting formal direction for this update, which will be implemented by Presidential Proclamation and published in the Federal Register. In the interim, CBP will continue to use the current harmonized tariff schedule and encourages the trade community to do the same until further guidance is provided.”

CBP authorized the release of most types of merchandise on or after Dec. 16 through Dec. 31 under Immediate Delivery (ID) procedures, it said in a CSMS message. Many entry filers make regular use of ID procedures for fresh fruits and vegetables and other merchandise from Mexico and Canada, etc.

Now that the bill that would create a rebuttable presumption that goods with Xinjiang inputs were made with forced labor has passed Congress and will likely be signed by President Biden, apparel trade groups and retail trade groups say they're ready to work with the administration on the strategy to implement the law.

No conference committee members for the Senate China package have been appointed, even though House Speaker Nancy Pelosi, D-Calif., and Senate Majority Leader Chuck Schumer, D-N.Y., said a month ago the package would go to conference "immediately" with House bills (see 2111180009).

Sen. Marco Rubio, R-Fla., sought unanimous consent to pass the compromise text of the Uyghur Forced Labor Prevention Act on Dec. 15, but Sen. Ron Wyden, D-Ore., prevented quick approval of the bill after Rubio declined to attach a child tax credit extension. Passage will likely have to wait until sometime in 2022 at the soonest because of Wyden's action.

House Speaker Nancy Pelosi, D-Calif., said the INFORM Act, which requires sellers over a certain threshold to be verified by e-commerce platforms, and the SHOP SAFE Act, which would ask platforms to make reasonable efforts to screen for sellers that are likely to sell counterfeit goods, both belong in the China package. She made the comments during a press conference in the Capitol on Dec. 15. She said the Retail Industry Leaders Association and businesses across the country have asked for legislation that could tackle organized shoplifters selling stolen products online, and said the INFORM Act is a remedy for that.

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.

Senate and House lawmakers reached an agreement on compromise text that merges versions of the Uyghur Forced Labor Prevention Act from each chamber, and Rep. Jim McGovern, D-Mass., told International Trade Today on Dec. 14 that he hopes the new bill can pass the House later in the day. It is scheduled for a vote after 6 p.m. McGovern continued to say his version had been stronger than the one written by Sen. Marco Rubio, R-Fla., but said he had to consider what could get through the Senate. Rubio's bill passed the Senate under unanimous consent this summer.

The International Trade Commission is recommending a four-year extension of Section 201 solar safeguard tariffs, with the rate of duty on solar modules and out-of-quota solar cells decreasing by 0.25% per year from its current level of 15% until it reaches 14% in the year prior to expiration in February 2026, the ITC said in a report sent to President Joe Biden, according to a notice released Dec. 13.