Across three days of testimony July 20-22, the International Trade Commission heard from dozens of companies, trade groups and advocacy groups about the economic impact of Section 301 tariffs and Section 232 tariffs and quotas. The tariffs and quotas on metals inspired fewer witnesses than the China tariffs, but they were no less emphatic.The United Steelworkers said they strongly supported the tariffs and asked that they remain strong. Pete Trinidad, president of a USW local that represents 3,500 steel workers in Indiana, argued that the tariffs had either a small or no measurable effect on prices, according to a think tank study.
Customs Duty
A Customs Duty is a tariff or tax which a country imposes on goods when they are transported across international borders. Customs Duties are used to protect countries' economies, residents, jobs, and environments, by limiting the flow of imported merchandise, especially restricted and prohibited goods, into the country. The Customs Duty Rate is a percentage determined by the value of the article purchased in the foreign country and not based on quality, size, or weight.
The Court of International Trade in a July 20 opinion redenominated the U.S.'s counterclaim in a customs case brought by importer Cyber Power Systems as a defense, ruling that the U.S. does not have the statutory authority to make the counterclaim. With the ruling, Judge Claire Kelly denied Cyber Power's motion to dismiss the counterclaim as moot. Kelly ruled that none of the sections in the U.S. code cited by the U.S. give a basis for the counterclaim, which sought to reclassify imported cables.
The following lawsuits were filed at the Court of International Trade during the week of July 11-17:
Importer and U.S. subsidiary of a Chinese manufacturing company, Wanxiang America Corp. is guilty of negligence by making false statements and omissions over its entries of wheel hub assemblies, radial ball and tapered roller bearings, and universal joints and their parts, the U.S. argued in a July 13 complaint at the Court of International Trade. Through its negligence, Wanxiang America avoided antidumping duties and customs duties on its entries, cheating the U.S. out of over $31 million in lost revenue, the U.S. said. DOJ filed its case to seek the lost duty payments along with a penalty (United States v. Wanxiang America Corporation, CIT #22-00205).
CBP’s reversal in an antidumping and countervailing duty evasion case at the Court of International Trade case puts the agency’s entire Enforce and Protect Act program “in jeopardy,” the domestic industry group Aluminum Extruders Council said in a blog post July 13.
A Husch Blackwell partner said that although most importers have not been surprised when CBP tells them they are intending to do an intensive exam on their goods when they arrive in port over forced labor issues, his firm has had several clients whose goods were cleared, and then, in the first month after that date, CBP issues a redelivery notice.
Wheels Advertised as 'Not for Trailer Use' Not Subject to Steel Trailer Wheels Duties, Commerce Says
Wheels that are physically similar to trailer wheels but that are clearly marked as not for trailer use on marketing materials are not subject to antidumping and countervailing duties on steel wheels 12 to 16.5 inches in diameter from China (A-570-090/C-570-091), the Commerce Department said in a recent scope ruling.
A report to Congress designed to reveal whether a stricter auto rules of origin in USMCA is effective says no conclusions can be drawn because of the effects of the pandemic and ensuing semiconductor shortage that has reduced production of automobiles worldwide. The auto industry told the Office of the U.S. Trade Representative that the semiconductor shortage meant 1,520,000 fewer vehicles were built in 2021, and that this year, they expected one million fewer vehicles to be built, because the shortages have not yet been resolved.
The Commerce Department on July 1 issued a proposed rule to implement the 24-month grace period announced by presidential proclamation in June (see 2206060014) for imports potentially subject to antidumping and countervailing duties on solar cells from Cambodia, Malaysia, Thailand and Vietnam. As announced in the proclamation, the proposal would exempt solar cells subject to the inquiries from AD/CV duties until June 6, 2024.
CBP released on July 1 the quarterly Internal Revenue Service interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties. For the quarter that began July 1, the interest rates for overpayments are 4% for corporations and 5% for non-corporations, and the interest rate for underpayments is 5% for both corporations and non-corporations. That's up from 3%, 4% and 4% in the previous quarter, respectively. These interest rates are subject to change for the following quarter, CBP said.