July 6 marks the fourth anniversary of the List 1 Section 301 tariffs' taking effect on Chinese imports, and the 1974 Trade Act requires their expiration after four years, “unless some conditions are met,” said David Olave, a Sandler Travis associate and trade policy adviser, on a recent podcast. “No unilateral 301 action that I know has made it through the four years, so we’re about to witness trade policy procedural history,” he said.
Andrea Durkin, a former director for Central America in the Office of the U.S. Trade Representative during the George W. Bush administration, announced that she has returned to the office to be assistant USTR for the World Trade Organization and multilateral affairs.
The Senate voted March 10 to confirm Maria Pagan as deputy U.S. trade representative in USTR's Geneva office to serve as an ambassador to the World Trade Organization. Pagan joined USTR's staff in 2003, rising to deputy general counsel and aiding the agency across multiple administrations on a host of trade agreements and negotiations. Before joining USTR, Pagan was an attorney adviser in the Office of the Chief Counsel for International Commerce at the Commerce Department. During her confirmation hearing, Pagan said that reforming the WTO's Appellate Body is a top priority since the body's "overreaching has shielded China's non-market practices and hurt the interest of U.S. workers and businesses" (see 2111300063). She was confirmed by an 80-19 vote, with Sen. Jim Inhofe, R-Okla., not voting.
Michelle Schulz, a former member of the President's Export Council Subcommittee on Export Administration, rejoined the Braumiller Law Group as of counsel, the firm announced in an email. Schulz was one of the founders of the Braumiller Law Group, helping start the firm in 2003 when it was known as Braumiller Schulz. Schulz also served for a decade as a senior adviser to the Office of the U.S. Trade Representative's Industry Trade Advisory Committee for Aerospace. Her practice deals with export controls, including matters under the International Traffic in Arms Regulations and Export Administration Regulations, along with Foreign Corrupt Practices Act cases and Committee on Foreign Investment in the U.S. regulations, the firm said.
Edelman Global Advisory hired Everett Eissenstat, who previously was General Motors senior vice president-global public policy, as chair of North America and global trade lead, the company said in a news release. Before joining GM, Eissenstat was a White House deputy assistant to the president for international economic affairs and chief international trade counsel for the Senate Finance Committee. He also has been assistant U.S. trade representative for the Americas.
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The U.S. Court of International Trade should deny the Department of Justice's motion to add a November 2018 investigatory “update” report from the Office of the U.S. Trade Representative to the administrative record in the Section 301 litigation (see 2202160033) because the government has failed to show that USTR “actually relied on or considered” the report when it was deciding to impose either the Lists 3 or List 4A tariffs on Chinese imports, Akin Gump lawyers for sample-case plaintiffs HMTX Industries and Jasco Products said in a partial opposition brief filed Feb. 16.
The Department of Justice wants the U.S. Court of International Trade to include two documents that the Office of the U.S. Trade Representative “realized” were missing from the administrative record filed April 30 by the government in the Section 301 litigation, it said in a Feb. 15 motion to correct the record. USTR Assistant General Counsel Megan Grimball said in a declaration that the documents were “inadvertently omitted.” DOJ said USTR discovered the omissions in the two weeks since the Feb. 1 oral argument.
Challenge to Lack of Section 301 Refund Not an Entry-Specific Matter, Importers Tell Federal Circuit
A CBP protest was not needed to establish jurisdiction in two companies' challenge to CBP's assessment of Section 301 tariffs on goods subsequently granted a tariff exclusion since the challenge is not an entry-specific matter, the companies, ARP Materials and Harrison Steel, said in a Feb. 7 brief. Replying to the U.S.'s arguments at the U.S. Court of Appeals for the Federal Circuit, the plaintiff-appellants said that their challenge has jurisdiction under Section 1581(i), the trade court's "residual" jurisdiction provision, since the action relates to CBP's imposition of the requirements of an "inapt statute" to all the entries excluded from tariff lists 2 and 3 (ARP Materials Inc. v. United States, Fed. Cir. #21-2176).
A World Trade Organization panel said the U.S. International Trade Commission made numerous errors as it laid the groundwork for a safeguard tariff on large residential washing machines and parts, a tariff that is still in place for entries above the quota. The tariff is currently 14% within the quota threshold for washers and 30% on parts and washers above the quota threshold.