While the timing of the announcement of the first rapid response mechanism complaint was clearly political, according to the CEO of the Business Coordinating Council of Mexico, that doesn't mean that businesses shouldn't expect a stream of complaints to follow. Sergio Gómez Lora, who was speaking on a Thompson Hine webinar May 12, said that's challenging for companies, because it is the union, not their own actions, that could be the problem, even though it is the company that could face the penalty of a tariff on its exports to the U.S.

The International Trade Commission published a new report detailing its recommended changes to the 2022 Harmonized Tariff Schedule, mostly to implement upcoming changes in the new year to the World Customs Organization’s Harmonized System nomenclature. Changes adopted as a result of these final recommendations will take effect Jan. 1, 2022.

CBP is now using audits in some cases to make sure e-commerce importers are compliant with the regulations, John Leonard, acting executive assistant commissioner for trade, said while speaking during a Coalition of New England Companies for Trade conference May 13. “We have begun to utilize them in the small package space, but it's baby steps,” he said. Many of the “stakeholders are not traditional importers that will have a normal set of auditable books and records that we're used to with larger entities.”

U.S. Trade Representative Katherine Tai, in her second day of testimony on Capitol Hill, heard again and again from members of Congress who are hearing from companies in their districts that they want Section 301 tariff exclusions back. She heard repeatedly that the 9% countervailing duties on Canadian lumber are making a bad situation worse. And she heard that the Miscellaneous Tariff Bill and Generalized System of Preferences benefits program should be renewed. On each topic, both Democrats and Republicans shared concerns, though on GSP, Republicans only spoke of the cost to importers, while Democrats worried about the effects of GSP on the eligible countries. Tai testified for more than four hours in front of the House Ways and Means Committee on May 13.

Efforts by Uniqlo to prove that no connection exists between a shipment of men's shirts and cotton from the Xinjiang Production and Construction Corps in China were insufficient, CBP said in a May 10 ruling. CBP stopped a shipment at the Port of Los Angeles/Long Beach in January, about a month after the agency issued a withhold release order on all cotton products made by XPCC (see 2012020071).

A day after Mexico's Labor Department announced it would require a new union vote at a General Motors plant -- and that it referred the case to state authorities for a criminal investigation -- the Office of the U.S. Trade Representative announced it is asking Mexico to review whether workers at the GM factory in Silao were being denied labor rights. That makes the GM case the first for the new rapid response mechanism, since the Biden administration has not yet decided whether it will pursue the AFL-CIO complaint announced May 10.

U.S. Trade Representative Katherine Tai generally avoided being pinned down on timing as she was asked about rekindling trade negotiations with the United Kingdom and Kenya, the pause on tariffs on European imports, and a solution for steel overcapacity that could make way for the lifting of Section 232 tariffs.

International Trade Today is providing readers with the top stories from May 3-7 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.

The first complaint under a new rapid response mechanism under USMCA, which targets a particular workplace, could take months to resolve, but even if the complaint is found valid, there will be no direct impact on exports from the auto parts factory this year.

First-quarter consumer tech imports in the key categories of smartphones, laptops, tablets and TVs declined somewhat from Q4, but remained well ahead of their Q1 2020 volumes, according to Census data accessed through the International Trade Commission’s DataWeb tool. As the National Retail Federation reported, the robust year-over-year Q1 growth rates in some import categories may have been “artificially high” due to comparisons with first quarter 2020, when much of the Asian supply chain was mired in the first COVID-19 global lockdowns.