The Court of International Trade found that President Donald Trump violated procedural time limits when expanding Section 232 tariffs to steel and aluminum “derivatives,” in an April 5 decision granting refunds to steel nail importer PrimeSource Building Products. Judges Timothy Stanceu and Jennifer Choe-Groves, as part of a three-judge panel, struck down the tariff expansion, ruling that the president exceeded his authority to impose tariffs when he elected to extend them to derivative products. Judge M. Miller Baker, the remaining judge on the panel, dissented from the opinion.

Imported flooring with a natural cork veneer on top should be classified based on that veneer, CBP said in a March 4 ruling. The law firm Neville Peterson requested the CBP internal advice ruling on behalf of the importer, Toryls, it said. The company said the flooring should be classified based on the layer of agglomerated cork included in the flooring.

The Generalized System of Preferences benefits program and the Miscellaneous Tariff Bill are unlikely to get a vote in the House for months, as an infrastructure bill and the taxes to pay for those projects is shaped by committees, a top lawmaker said during a press call April 1. The top Republican on the House Ways and Means Committee said that while “all the oxygen is being sucked up” by the infrastructure bill, “my sense of Chairman [Richard] Neal is that he, too, believes they are crucial to America's economic leadership and wants to find consensus on how to end the delay on both of the programs.”

Several CBP land border ports are now operating “downtime procedures” due to problems in ACE, an agency official said April 1 during a call with software developers. The affected ports include Laredo and El Paso in Texas, he said. “We are seeing significant disruptions at the land border ports at this time,” he said.

The three-judge panel in the Section 301 litigation inundating the U.S. Court of International Trade granted Akin Gump’s coordinated proposal designating the first-filed HMTX Industries-Jasco Products complaint as the sole sample case, a procedural order said March 31. Judges also stayed the roughly 3,700 other cases and approved the seating of a 15-member plaintiffs steering committee, also as Akin Gump proposed.

As the U.S. Fashion Industry Association's representatives in Washington try to find out timing for a renewal of the Generalized System of Preferences benefits program, Senate Finance Committee staff members are telling them “there’s a lack of urgency with respect to this” among senators. David Spooner, Washington counsel for USFIA, told an online audience March 30 that Congress seems to think that since importers will get refunds for goods that should have qualified for GSP during this period once it's renewed, it's no big deal. “But we know what a pain in the rear the retroactive renewals are,” he said.

International Trade Today is providing readers with the top stories from March 22-26 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.

The Federal Communications Commission should strengthen the agency’s equipment authorization process to make sure no devices enter the U.S. that are produced with forced labor in China, Commissioner Brendan Carr said in a March 30 speech. The FCC's approach should align with legislation introduced by Sen. Marco Rubio, R-Fla., earlier this year (see 2101290045), Carr said, according to a news release from his office. “We should do our part at the FCC by launching a proceeding that would update our equipment authorization rules to ensure that we are not approving any devices that have been produced with forced labor,” Carr said. “One way we can do this is by requiring every company that procures any devices or components from the [Xinjiang Uyghur Autonomous Region (XUAR)] to meet a heightened burden to ensure that their supply chain does not rely on any forced labor. Communist China must not profit from their human rights abuses.”

An importer of garments that were detained by CBP due to the suspected involvement of North Korean nationals in the production was unable to sufficiently show forced labor wasn't used, CBP said in a recently released ruling dated March 5. The use of North Korean labor is considered to be forced labor under the Countering America’s Adversaries Through Sanctions Act (see 1711070046). The ruling marks the first one directly focused on forced labor since 2002 (see 2001070033), according to CBP's rulings database.

The Commerce Department will delay a requirement for aluminum import licenses under its new Aluminum Import Monitoring System until June 28, CBP said in a CSMS message sent March 29. “At the request of the Department of Commerce the [Aluminum Import Monitoring] license requirement has been delayed until June 28, 2021,” CBP said. “We have updated ACE to remove the LPC requirement.”