International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
House Speaker Nancy Pelosi, D-Calif., said she would like to see two bills that could fight counterfeit sales online get into the China package (see 2112150050), and Sen. Chuck Grassley, R-Iowa, said he thinks Republicans would be open to that. Grassley told International Trade Today during a phone call with reporters that he has not talked to other Republicans about including the Stopping Harmful Offers on Platforms by Screening Against Fakes in E-Commerce Act of 2021, or Shop Safe Act, in the compromise language that will be negotiated between the two chambers. "But for me, I can say yes."
The White House is reviewing a draft proclamation about the five-year Harmonized Tariff Schedule update to implement changes to the World Customs Organization’s Harmonized System, the National Customs Brokers & Forwarders Association of America said in a Dec. 20 email to members. "For the WCO HS2022 to be effective, a proclamation from the White House must be published in the Federal Register," the trade group said. "These new tariff changes will then go into effect 30 days following publication. We have learned that a draft proclamation has been provided to the White House for review." CBP recently said the changes wouldn't take effect Jan. 1 and that it planned to continue to use the current HTS until more guidance is given (see 2112170068).
The Seafood Import Monitoring Program Expansion that was going to be in the bipartisan infrastructure bill did not become law, but H.R. 3075 passed out of the House Natural Resources Committee in October, and the National Customs Brokers & Forwarders Association of America is warning the majority leader that he should not schedule a vote in the chamber for the bill.
CBP “understands” that the five-year Harmonized Tariff Schedule update to implement changes to the World Customs Organization’s Harmonized System will not take effect Jan. 1, 2022, it said in a CSMS message. “CBP is awaiting formal direction for this update, which will be implemented by Presidential Proclamation and published in the Federal Register. In the interim, CBP will continue to use the current harmonized tariff schedule and encourages the trade community to do the same until further guidance is provided.”
CBP authorized the release of most types of merchandise on or after Dec. 16 through Dec. 31 under Immediate Delivery (ID) procedures, it said in a CSMS message. Many entry filers make regular use of ID procedures for fresh fruits and vegetables and other merchandise from Mexico and Canada, etc.
Five Republican Senators filed an amicus brief on Dec. 15 with the U.S. Supreme Court, urging it to take up a case over the limits of the president's authority under the Section 232 national security tariff statute. The brief, signed by Sens. Pat Toomey, R-Pa.; Mike Crapo, R-Idaho; Bill Cassidy, R-La.; Mike Lee, R-Utah; and Ben Sasse, R-Neb., argues against a U.S. Court of Appeals for the Federal Circuit opinion spurning time limits imposed in the statute. The time limits are crucial to ensuring that "Congress makes the major policy decisions regarding the regulation of foreign commerce," the lawmakers said.
Now that the bill that would create a rebuttable presumption that goods with Xinjiang inputs were made with forced labor has passed Congress and will likely be signed by President Biden, apparel trade groups and retail trade groups say they're ready to work with the administration on the strategy to implement the law.
House Speaker Nancy Pelosi, D-Calif., said the INFORM Act, which requires sellers over a certain threshold to be verified by e-commerce platforms, and the SHOP SAFE Act, which would ask platforms to make reasonable efforts to screen for sellers that are likely to sell counterfeit goods, both belong in the China package. She made the comments during a press conference in the Capitol on Dec. 15. She said the Retail Industry Leaders Association and businesses across the country have asked for legislation that could tackle organized shoplifters selling stolen products online, and said the INFORM Act is a remedy for that.
No conference committee members for the Senate China package have been appointed, even though House Speaker Nancy Pelosi, D-Calif., and Senate Majority Leader Chuck Schumer, D-N.Y., said a month ago the package would go to conference "immediately" with House bills (see 2111180009).