With less than two weeks to spare before the June 30 deadline for the Office of the U.S. Trade Representative to file its remand results in the Section 301 litigation, the agency needs a 60-day extension to Aug. 29 due to the volume of work involved, the agency’s limited staff resources and other projects that are compounding its workload, DOJ said June 17 at the Court of International Trade. Akin Gump lawyers for test-case plaintiffs HMTX Industries and Jasco Products oppose the motion and soon will file a response, DOJ said. Matthew Nicely, Akin Gump’s lead attorney, declined to comment June 17.
A top official in the Office of the U.S. Trade Representative said that opposition to extending a moratorium on tariffs on sales of intangible goods has surfaced before, but that the e-commerce moratorium has been renewed at every World Trade Organization ministerial conference since 1998. "There are a few countries, despite benefiting from e-commerce and digital trade, who continue to resist an extension of the moratorium," she said, but most countries, including in the developing world, see the tariff-free status as important.
A week before U.S. Trade Representative Katherine Tai heads to Geneva for the World Trade Organization's ministerial conference, she said she's excited for what the meeting could bring, though she avoided predicting that either an intellectual property waiver for COVID-19 vaccines would be approved, or that the 20-year fisheries negotiations would be closed.
Requests for action from the Office of the U.S. Trade Representative should go beyond asking USTR to go and fix a problem via the World Trade Organization, USMCA or other dispute settlement system, said Daniel Stirk, senior associate general counsel at the agency. Speaking on a panel at the Georgetown International Trade Update, Stirk said that instead, trust that the office is already aware of the issue and is taking steps to solve it, and if you still decide to approach USTR, come with thoughtful solutions.
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Senators said that officials from the Office of the U.S. Trade Representative failed to consult properly before a proposal to make changes to the TRIPS Agreement regarding coronavirus vaccines was released, and that the agency's approach needs to change. Senate Finance Committee Chairman Ron Wyden, D-Ore., and ranking member Mike Crapo, R-Idaho, led a letter, which said: "Administrations of both parties have struggled to comply with the terms Congress has provided to ensure its views are reflected in our trade policy. Accordingly, we request that you take steps to ensure Congress is a full partner in the Administration’s ongoing trade negotiations, regardless of whether the Administration believes any eventual agreement from such negotiations will require formal Congressional approval. To that end, the Office of the United States Trade Representative ... must provide Congress with timely, substantive briefings on negotiations and share all U.S. negotiating texts before the Administration commits the United States to a particular negotiating position or outcome."
Heather Hurlburt will be the new chief of staff for the office of the U.S. Trade Representative. She comes from New America, a left-of-center think tank, where she studied the intersection of political polarization and foreign policy. She replaces Ginna Lance, who was interim chief of staff.
The following lawsuits were recently filed at the Court of International Trade:
Importers do not need to file protests as a prerequisite for gaining refunds on excluded Section 301 duties, Environment One Corporation said in a complaint filed April 15 with the Court of International Trade. The complaint asks the court to order refunds of Section 301 duties on entries that were "ordered retroactively excluded" from the China 301 duties and to declare the government's requirement that importers seek refunds via protest to be in violation of the Administrative Procedure Act and the Protest Statute itself.
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