The head of the American Chamber of Commerce in Vietnam said businesses there don't know whether U.S. Trade Representative Robert Lighthizer will conclude that Vietnam has been a trade cheat through currency manipulation but not put a tariff number on it; put a tariff number but not start collecting; or implement tariffs before the new administration takes over Jan. 20.

New 25% percent tariffs on goods from France that were to begin Jan. 6 are suspended, the Office of the U.S. Trade Representative said in a news release Jan. 7. The tariffs were planned as a result of France's digital services tax and the suspension will allow the agency to complete investigations into other countries' DSTs. “Given that these DST investigations are ongoing and have not yet reached any determinations on what, if any, trade action should be taken, the U.S. Trade Representative has determined that it is appropriate to suspend the action in the France DST investigation indefinitely,” it said in a notice. The announcement follows days of confusion over whether the Jan. 6 tariffs were being implemented (see 2101060047).

CBP was correct when it found against an importer's use of price paid to a related factory in China, rather than the price paid by the importer's customers, the agency found in a Sept. 9 ruling. The director of the Industrial and Manufacturing Materials Center of Excellence and Expertise (CEE) requested an internal advice ruling after Mayer Brown asked for a further review of protest on behalf of the importer, World Wide Packaging. The import entry involved two line items of “plastic tubes used for personal care products, which were the subject of purchase orders from two unrelated U.S. customers of WWP.”

On the day that additional 25% tariffs were scheduled to go into effect on French handbags and cosmetics, the Office of the U.S. Trade Representative and CBP made no public statement about the tariffs' fate, leaving importers in the dark about what they should do.

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Less than 12 hours before the effective date of tariffs promised on French handbags, soaps and cosmetics (see 2007130043), the Office of the U.S. Trade Representative was silent on whether the tariffs will be going up on Jan. 6. One official at USTR who was not authorized to speak to the press said, “I'm not sure anyone could answer that question at this juncture.” The media affairs office did not respond to questions.

International Trade Today is providing readers with some of the top stories published in 2020 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference numbers.

The International Trade Commission posted the 2021 Preliminary Edition of the Harmonized Tariff Schedule. The new HTS implements the removal of GSP benefits for many Thai products, as well as the redesignation of the Democratic Republic of the Congo as eligible for AGOA, and the extension of the Caribbean Basin Trade Partnership Act until 2020. New statistical breakouts are also added for many medical products, including those used in the treatment of COVID-19, as well as for industrial turbines and hemp seed, among other goods. Changes take effect Jan. 1, 2021, unless otherwise noted.

The Solar Energy Industries Association and several solar importers filed a lawsuit Dec. 29 seeking to invalidate a recent presidential proclamation reimposing solar safeguard duties on bifacial panels and upping the safeguard tariffs on all imported solar cells. Joined by Invenergy Renewables, NextEra Energy and EDF Renewables, the SEIA says President Donald Trump failed to follow the requirements of the safeguard laws when he issued the proclamation in October.

The additional Section 301 tariffs on goods from the European Union announced late Dec. 30 (see 2012300062) will take effect “with respect to products that are entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. Eastern Standard Time on January 12, 2021,” the Office of the U.S. Trade Representative said in a notice. USTR said in a Dec. 30 news release that it would increase the tariffs as part of the ongoing World Trade Organization dispute over Airbus subsidies. The announcement disrupts settlement talks and “exceeds the amount of retaliation authorised by the WTO,” a European Commission spokesperson emailed. “The Commission is analysing the data in detail and will look at all options available on how to respond.”