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CIT Ruling On USTR Section 301 Lists

May 3, 2022

On April 1st, the Court of International Trade issued an opinion stating that the USTR acted within its rights when implementing lists 3 and 4A of the Section 301 Tariffs. The plaintiffs in the case suggested that lists 3 and 4A violated the Trade Act and should be removed because these tariff lists were in retaliation to new Chinese tariffs on US goods, and not based in the original USTR Section 301 report.

They also suggested that the lists were unlawful because USTR did not start a new Section 301 investigation before implementation. The CIT found that the new lists were not in violation of the 1974 Trade act as alleged, but they found that the USTR did not follow the Administrative Procedure Act because they did not properly respond to the public comments on lists 3 and 4A. The case has been remanded to the Office of the USTR, allowing an opportunity for them to explain the reasoning behind the implementation of these lists. The USTR has been given until June 30th to provide this information.

Opinion from the US CIT
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Latest News

CBP Commissioner Chris Magnus Resigns

The President has accepted the resignation of Christopher Magnus, the Commissioner of U.S. Customs and Border Protection.  President Biden appreciates Commissioner Magnus' nearly forty years of service and the contributions he made to police reform during his tenure as police chief in three U.S. cities.  The president thanks Mr. Magnus for his service at CBP and wishes him well.

In the interim Troy A. Miller, the Deputy Commissioner for U.S. Customs and Border Protection (CBP) will serve as the acting Commissioner of U.S. Customs and Border Protection.

China Tariff Review Comment Period

As part of the review, USTR is seeking public comments on the effectiveness of the actions in achieving the objectives of the investigation, other actions that could be taken, and the effects of such actions on the United States economy, including consumers.

Starting Nov. 15, importers and others can plead their case for changes to the Section 301 tariffs on imports from China as part of a review being conducted by the Office of the U.S. Trade Representative.

ACE is the U.S. electronic Single Window platform

ACE is the U.S. electronic Single Window platform for all trade processing, including all Manifest, Cargo Release, Post-release, Export and Partner Government Agency (PGA) data.  Trade users can access ACE via two channels: The ACE Secure Data Portal (ACE Portal) and electronic data interchange (EDI).  Deciding on which ACE access method is needed depends on the specific trade activity.  

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