Although some observers thought the Office of the U.S. Trade Representative's reaction to losing cases filed by Norway, Switzerland, Turkey and China at the World Trade Organization over its steel and aluminum tariffs marked a new era of rejecting the rules-based trading system, others who had served either in the WTO or the U.S. government said there was nothing too surprising about the U.S. reaction to its loss.
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.
Correction: In its preliminary determinations in anti-circumvention inquiries on solar cells from Cambodia, Malaysia, Thailand and Vietnam, Commerce declared the 22 companies that did not cooperate with the inquiries are ineligible for certification processes for goods from exempt exporters and goods that don’t meet Chinese content requirements. However, they may submit certifications that their goods are “applicable” entries that qualify for a two-year grace period from any duties imposed under the anti-circumvention inquiries (see 2212020064 and 2212070025). Such certifications are due by Jan. 23 for entries since April 1, 2022, and at time of entry summary for entries on or after Dec. 23.
EPA is proposing a new framework for sector-specific restrictions on the import and manufacture of products that contain or use hydrofluorocarbons. The agency’s proposed rule, released Dec. 12, allows for a public petition process for new restrictions on specific sectors. Importers and manufacturers subject to sector-specific HFC restrictions would be covered by new labeling, reporting and recordkeeping requirements. EPA also is proposing its first set of sector restrictions on products in the refrigeration, air conditioning and heat pump, foam blowing and aerosol sectors.
Two former government officials, one a leader at a think tank, the other a lawyer at Akin Gump, acknowledge that even as businesses continue to believe quitting the Trans-Pacific Partnership was a tactical error, "there is no conceivable scenario in which the United States could sign onto the [Comprehensive and Progressive Agreement for] TPP as it exists today. Strong opposition from both sides of the political spectrum to key elements of the deal would prevent congressional approval."
Fees paid to a consultant for services connected to sourcing and importation of Indian textiles and home furnishings are bona fide buying commissions not to be included in the transaction value of imported merchandise, CBP said in a Nov. 16 ruling.
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.
CBP should develop a single automated system for its detention and seizure process, as well as a portal for rightsholders and importers to allow for communication with CBP when infringement of intellectual property rights is suspected, the Commercial Customs Operations Advisory Committee said in recommendations adopted at its Dec. 7 meeting.
Major ocean carrier MSC violated U.S. shipping regulations because of its unreasonable demurrage practices, U.S. metal trader CCMA said. In a complaint to the Federal Maritime Commission released this week, CCMA said it was assessed more than $114,000 in unfair demurrage fees by MSC, which levied the charges despite the containers being subject to a government hold and unavailable for pickup. The FMC should order MSC to pay CCMA reparations for its “unlawful conduct,” the complaint said.
Certifications must be completed and signed by Jan. 23 for entries since April 1, 2022, to avoid antidumping and countervailing duties on solar cells and modules from Cambodia, Malaysia, Thailand and Vietnam recently announced by the Commerce Department in a preliminary anti-circumvention determination (see 2212020064), according to a notice set for publication in the Dec. 8 Federal Register.