An exporter of vehicle side bars said April 8 that Section 301 tariff exclusions shouldn't necessarily be considered princpal use provisions, but should instead be analyzed as either principal use, eo nomine or actual use provisions on a case-by-case basis because no published guidance singles out a specific method (Keystone Automotive Operations v. U.S., CIT # 21-00215).
Greta Peisch, former general counsel for the Office of the U.S. Trade Representative, has joined Wiley Rein as a partner in the International Trade Practice, the firm announced. At USTR, Peisch led the office's "enforcement agenda," including World Trade Organization and trade agreement disputes and Section 201 and Section 301 proceedings, the firm said. Before joining USTR, Peisch served as senior international trade counsel for the Senate Finance Committee.
China opened a case at the World Trade Organization against the U.S. Inflation Reduction Act's rules for electric vehicle subsidies and "other measures," the nation's Ministry of Commerce announced March 26, according to an unofficial translation.
Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
Josh Kagan, former assistant U.S. trade representative for labor affairs, has joined Kelley Drye as a special counsel in the international trade practice group, the firm announced. At USTR, Kagan worked on adopting and enforcing "internationally recognized labor rights," along with the "negotiation and implementation of labor provisions included in bilateral, regional, and multilateral trade agreements."
The statutory basis for the U.S. trade representative's lists 3 and 4A tariffs -- Section 307 of the Trade Act of 1930 -- only allows for a "modification" of existing duties and not a "radical and unprecedented seven-fold escalation launching an unbounded trade war with China," appellants in the massive lawsuit challenging the Section 301 tariffs on China told the U.S. Court of Appeals for the Federal Circuit on Feb. 12 (HMTX Industries v. United States, Fed. Cir. # 23-1891).
U.S. priorities during the World Trade Organization's upcoming 13th Ministerial Conference should center on extending the moratorium on e-commerce duties and advancing the second wave of talks on curbing harmful fisheries subsidies, witnesses said at a Feb. 7 hearing of the House Ways and Means Subcommittee on Trade.
The U.S. Senate on Feb. 5 confirmed the nomination of Joseph Laroski to serve as the next judge on the Court of International Trade. The nomination of Laroski, who most recently worked as a partner at antidumping and countervailing duty petitioners' firm Schagrin Associates, passed by a unanimous vote of 76-0.
The U.S. Court of Appeals for the Federal Circuit on Jan. 22 issued its mandate in a pair of cases seeking to retroactively apply Section 301 tariff exclusions. In the suits, the appellate court sustained the dismissal of the cases for a lack of subject matter jurisdiction, finding that a protest must have been filed with CBP to properly effectuate relief. The Court of International Trade initially said jurisdiction was not to be had under Section 1581(i), the court's "residual" jurisdiction, since the court would have had jurisdiction under Section 1581(a) had a protest been filed (see 2209060035). The Federal Circuit affirmed, finding that the true nature of the suits contests CBP's assessment of the duties and not the U.S. Trade Representative's decision to grant an exclusion, even though the exclusions were granted after the deadline for filing a protest had lapsed (ARP Materials v. United States, Fed. Cir. # 21-2176) (The Harrison Steel Castings Co. v. United States, Fed. Cir. # 21-2177).
The Customs Rulings Online Search System (CROSS) was updated Jan. 9-10 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):