A recent lawsuit filed in Federal court will address the question whether President Trump and his Administration lawfully imposed additional “trade war” duties on certain goods imported from China. The lawsuit alleges the goods included on “List 3” and “List 4A” were unlawfully enacted – and as such, importers who paid for the List 3 and 4A duties are entitled to a refund of duties paid with interest.
More specifically, the case of HMTX Industries LLC, et. al., v. US will determine whether the US did not comply with the applicable law when implementing the List 3 and List 4A duties on certain imports from China.
Importers who wish to preserve their opportunity to receive future refunds must act quickly to file their own “piggyback” actions in the CIT, as the lawsuit alleges a 2 year limitations period expiring Monday, September 21, 2020.
David Hsu and the trade law firm of Givens & Johnston stand ready to immediate file both CIT actions and CBP protests. To get the process started, contact David Hsu directly by phone/text to 832-896-6288 or by email at firstname.lastname@example.org,
The Trump administration has postponed the levying of 10% tariffs on List 4 goods covering $300 billion in imports from China until December 15th. The initial date of September 1st was postponed after reports of a phone call with Beijing.
A new round of trade talks will be held in September after this month’s talks did not result in a trade deal.
There is still time to lower your import risk, if you would like solutions to lowering the duties you need to pay, contact experienced trade attorney David Hsu at 832-896-6288 or by email at email@example.com, firstname.lastname@example.org.
According to the Washington Post, China let the exchange rate for the yuan to fall below seven per dollar. A weak Chinese currency has the effect of increasing the country’s exports, hurting foreign competitors.
The WP further quotes People’s Bank of China blaming the decline on “trade protectionism,” a reference to the ongoing trade dispute between the US and China. The remainder of the article lists the various markets world wide and the subsequent decline since China’s announcement.
As previously blogged, China will take other measures in response to the trade war besides imposing their own duties on US imports. China has currently imposed duties covering 110 billion US goods, and can only impose an additional duty on $50 billion before China covers all of the $160 billion in US goods last year.
According to CNBC, profits earned by China’s industrial firms fell 3.1% in June from a year earlier, according to the China’s National Bureau of Statistics.
The decrease in industrial profits is likely due to the US/China trade war and the increase in tariffs on Chinese imports. CNBC also states that economic growth in the second quarter slowed to a near 30-year low.
With the US and China set to meet on July 30th for the first time since May, both sides may be looking for an agreement to end the almost year-long trade war.
The Mac Pro was the last Apple product manufactured in the US, and last June, Apple announced they would shift Mac Pro production to China.
On July 18th, Apple filed “exclusion requests” with the US Trade Representative to exclude certain items from the 25% 301 duties on goods imported from China.
The parts include a CPU, heat sink, power supplies, USB charging cables, circuit boards, graphics processing modules, computer enclosure, the Magic Mouse and Magic Trackpad.
To view Apple’s exclusion requests, go here: https://exclusions.ustr.gov/s/PublicDocket and search by “Organization Name” for “Apple”.
In a notice posted on the Federal Register here, the U.S. Department of Commerce (Commerce) has preliminarily found that “Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China”, will be subject to preliminary countervailing duties.
Commerce determined that countervailable subsidies are being provided to producers and exporters of crystalline silicon photoltaic cells, whether or not assembled into modules (solar cells) from the People’s Republic of China (China).
The scope of the order covers crystalline silicon photovoltaic cells, and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels, and building integrated materials.
The two mandatory respondents and their respective subsidy rates include Canadian Solar Inc. and its Cross-Owned Affiliates - 13.72% and Changzhou Trina Solar Energy Co., Ltd. and its Cross-Owned Affiliates - 10.93%. Non-selected companies under review have a subsidy rate of 12.64%
If you or someone you know imports crystalline silicon photovoltaic cells from China and they have questions about how this order affects them, please call David Hsu at 832.896.6288 or by email at email@example.com.