The announcement of a phase one U.S.-China trade deal that included halving List 4A tariffs in place since Sept. 1 could do little to change damage done to small audio companies smacked by the previous three tranches of tariffs still in place, they said. Executives said in interviews this month have been hit hard by the duties with little hope other than to wait them out.
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.
A coalition of domestic manufacturers filed a petition on Dec. 17 with the Commerce Department and the International Trade Commission requesting new antidumping duties on fourth tier cigarettes from South Korea. Commerce will now decide whether to begin an AD duty investigation. The investigation was requested by Coalition Against Korean Cigarettes.
A group of domestic manufacturers filed petitions on Dec. 18 with the Commerce Department and the International Trade Commission requesting new antidumping duty investigations on fluid end bocks from Germany, India and Italy, and new countervailing duties on the same product from China, Germany, India and Italy. Commerce will now decide whether to begin AD/CVD investigations on fluid end blocks that could eventually result in the assessment of AD/CV duties. The petition was filed by the FEB Fair Trade Coalition, the Ellwood Group, and Finkl Steel.
Modems manufactured in China and sent to Canada for programming and other processing are not transformed in Canada and should be considered a product of China, CBP said in a Nov. 26 ruling. The ruling was in response to a request from Electroline Equipment, which asked CBP about NAFTA treatment and the country of origin of the transponders. The transponders are subject to the Section 301 tariffs on goods from China because China is the country of origin, the agency said.
The Commerce Department set the 12-month 2020 value-added tariff preference level for certain apparel imported directly from Haiti (Harmonized Tariff Schedule 9820.61.25 for entry-specific claims or 9820.61.30 for aggregate claims) eligible to receive duty-free treatment under the Haitian Hemispheric Opportunity Through Partnership for Encouragement Act (HOPE). For the one-year period beginning on Dec. 20, 2019, and extending through Dec. 19, 2020, the recalculated quantity of imports eligible for preferential treatment under the value-added TPL is 376,935,586 square meters equivalent (SME), an increase of about 4 million SME over 2018 levels. Apparel articles entered in excess of this TPL will be subject to otherwise applicable duty rates.
The enactment of the U.S.-Mexico-Canada Agreement would increase revenues by $230 million a year in 2023 and $360 million a year in 2024, the Congressional Budget Office estimates. CBO projects that “certain imports of motor vehicles and parts” that currently enter the U.S. duty free under NAFTA would not be eligible under the stricter rules of origin in USMCA. It expects that some of those parts or vehicles would be replaced by domestic production, but some would be replaced by imports subject to tariffs, and thus, total customs revenue would rise. While there would be hundreds of millions spent in the first three years, primarily for monitoring environmental and labor compliance in Mexico, by 2024, that spending would be just $21 million, and would be partially offset by lower subsidies to dairy farmers, since CBO assumes they would have higher sales as a result of the deal.
CBP does not need to go through the same procedures for unpaid duty claims that are required for penalties, the Court of International Trade said in a Dec. 17 ruling. The lawsuit involves 875 entries filed by Tricots Liesse that were wrongly declared as eligible for NAFTA treatment. CIT previously dismissed a related suit over Section 1592 penalties because CBP did not allow for a face-to-face meeting before imposing the penalties, as required (see 1803260022).
With the announcement of a phase one deal, Flexport chief economist Phil Levy said the promise is for stability in tariff levels -- even if the large majority of goods facing Section 301 tariffs will retain the 25 percent hike. But, he noted in a Dec. 16 webinar, many times over the last eight months, “a deal was announced, and it didn't last. That should sort of serve as a precautionary tale.” Levy, like many observers, doesn't believe that a phase two deal, that could lead to rolling back more tariffs, is likely in the next year.
As the auto industry grapples with how much the rules of origin for cars and trucks will change from NAFTA to USMCA, the implementing bill that will be voted this week suggests there may be an opportunity to re-evaluate the system when USMCA undergoes review in six years. In two years -- and again in four, and six years -- the International Trade Commission must prepare a report on the economic impact of the auto ROO, including on exports and imports; aggregate employment, employment and wages of automotive workers, “production, investment ... and profit levels in the automotive industries and other pertinent industries in the United States affected by the automotive rules of origin and the interests of consumers in the United States.”
If a panel of labor experts determines that a Mexican factory is violating its workers' rights to collective bargaining, the U.S. may deny the goods from that factory the tariff benefits of the U.S.-Mexico-Canada Agreement -- but that denial of tariff benefits is not automatic.