If a reelected President Donald Trump uses the existing Section 301 tariffs program to hike tariffs on all Chinese goods by at least 60%, that's likely to survive a court challenge, said two law professors who spoke during a Washington International Trade Association webinar on the executive branch's ability to make deals and impose trade restrictions without congressional say-so.
Mara Lee
Mara Lee, Senior Editor, is a reporter for International Trade Today and its sister publications Export Compliance Daily and Trade Law Daily. She joined the Warren Communications News staff in early 2018, after covering health policy, Midwestern Congressional delegations, and the Connecticut economy, insurance and manufacturing sectors for the Hartford Courant, the nation’s oldest continuously published newspaper (established 1674). Before arriving in Washington D.C. to cover Congress in 2005, she worked in Ohio, where she witnessed fervent presidential campaigning every four years.
Industry players and a law professor argued that the International Trade Commission's power to stop imports that are found to be infringing on domestic patents has become a form of blackmail by foreign companies against domestic companies, and that its original reason for being is no longer true.
Contradictory language in the Uyghur Forced Labor Prevention Act -- which says the government may list entities that source items from Xinjiang, but says that the rebuttable presumption only applies to goods "produced by an entity on a list" -- may result in more litigation over the entity list, trade mavens say.
The senators from Alabama, Mississippi, Arkansas and Louisiana asked the commerce secretary to reverse a preliminary decision to reduce the "Vietnam-wide" antidumping rate for Vietnamese catfish exporters that haven't been assigned their own rate to 14 cents per kilogram, from a previous $2.39/kg rate.
Trade ministers from Japan, the U.S., the EU, the U.K., France, Canada, Germany and Italy said they will work to reach an agreement on World Trade Organization reform "with the view to having a fully and well-functioning dispute settlement system accessible to all members by 2024." The binding appellate level of dispute settlement at the WTO has been defunct since late 2019, because the U.S. blocked all appointments to the appellate body.
Trade lawyers and importers are wondering how the anti-stockpiling element of a two-year pause on trade remedy circumvention deposits will be enforced.
Canada and the U.S. issued statements about a panel decision on softwood lumber under NAFTA's AD/CVD dispute chapter, but the antidumping duty case, which was brought years ago under NAFTA, not under its successor, is not posted on the USMCA Secretariat's docket, and neither country would share the ruling.
Antidumping and countervailing duty proceedings at the Commerce Department will be temporarily stopped in the event of a U.S. government shutdown due to a failure in Congress to appropriate funds, lawyers from global firm Veneable wrote. Enforce and Protect Act allegations of AD/CVD evasion also won't be investigated during the shutdown, according to the National Customs Brokers & Forwarders Association of America.
Canada is choosing to call for a binational panel to determine whether the countervailing duty order on its softwood lumber exports is fair, but is challenging the antidumping order at the Court of International Trade.
Four witnesses asked Congress to pass Level the Playing Field Act 2.0, a proposal that would change trade remedy laws in favor of domestic manufacturers, at a House hearing called the "Chinese Communist Party Threat to American Manufacturing."