The one-year clock for product exclusions to the Section 232 tariffs starts the day the decision memo was signed, not the date a request was posted for comment, a Commerce Department spokesperson said June 25. So, for example, a request that was posted for comments on April 20 that the Bureau of Industry and Security approved on June 19 will apply until June 19, 2019. That one year starts on the date the deputy assistant secretary of export administration signed the memo, which was June 19, not on the original date of posting the request and not on the date the decision became public.
The Senate Appropriations Bill for the Department of Homeland Security for fiscal year 2019 would spend $14.26 billion on CBP, almost $239 million more than the current spending. The committee report said that it's sending $49 million for 375 additional CBP officers, "in recognition of wait times at certain ports of entry as well as the volume of illicit drugs passing through POEs." With regard to drugs smuggled through ports of entry, the report says the Senate intends to provide $30 million in support of enforcement at international mail facilities and express consignment carrier locations "by enhancing scientific and laboratory staffing, increasing law enforcement staffing and canines, improving facilities, deploying technology to locate targeted packages, enhancing detection and testing equipment, and improving interoperability with FDA detection equipment." The bill provides $174 million for non-intrusive inspection equipment, of which the $30 million for opioids is a subset.
An attempt to rein in the president on Section 232 tariffs has been reintroduced as a free-standing bill. Sen. Michael Bennet, D-Colo., introduced a bill June 21 that would end the steel and aluminum tariffs on the European Union, Canada and Mexico. It would also require that the administration consult with Congress before imposing any tariffs on the grounds of national security. Another bill introduced earlier this month by Sen. Bob Corker, R-Tenn., sought to require a vote from Congress before Section 232 tariff action could be taken. Corker's bill has stalled because revenue bills must start in the House of Representatives (see 1806130012).
CBP has “adjudicated” a ruling that will allow manufacturers in foreign-trade zones to avoid Section 232 tariffs on aluminum and steel, as well as planned Section 301 tariffs on products from China, a CBP official said on the agency’s biweekly ACE conference call held June 21. FTZ manufacturing operations have up to now been required by Census Bureau and Commerce Department guidance to enter goods manufactured in FTZs as originating in the country that provided the goods’ highest value in inputs, even if those inputs are worth relatively little and for CBP purposes the country of origin should be the United States. While it hasn’t been an issue before, now that Section 232 duties are in place and Section 301 tariffs are coming it can result in those manufacturers being required to declare a good as subject to the extra tariffs even when the good is of U.S. origin. A ruling is coming that says to use “U.S.” as country of origin for such merchandise on entry documentation, the CBP official said. A search on CBP’s CROSS database indicates the ruling has not been published as of press time.
On the same day that European tariffs went into effect in retaliation for U.S. steel and aluminum tariffs, President Donald Trump tweeted that if the European Union doesn't drop those tariffs and other trade barriers soon, "we will be placing a 20% Tariff on all of their cars coming into the U.S. Build them here!" The Commerce Department is conducting an investigation into whether auto and auto parts exports are a threat to national security. While speaking to reporters at a convention on June 21, Commerce Secretary Wilbur Ross said the investigation should be complete in late July or in August.
Among the companies allowed exclusions to the Section 232 tariffs on steel and aluminum are the Connecticut company that makes Schick razors, which will be allowed to import steel blades from Japan, and U.S. Leakless, an Alabama company that imports Japanese rubber-coated gaskets used in auto transmissions. The Commerce Department accepted 42 steel product exclusion requests from seven companies, it announced on June 20.
The European Union adopted the proposed list of new tariffs on $3.2 billion worth of U.S. goods, the EU said in a June 20 news release. The list is the same as the one it submitted to the World Trade Organization (see 1806010022), and the new tariffs will take effect on June 22, the EU said. Additional tariffs will be added "at a later stage -- in three years' time or after a positive finding in WTO dispute settlement if that should come sooner," it said.
Though the Trump administration’s plan to impose Trade Act Section 301 tariffs of 25 percent on Chinese imports “may have gotten China’s attention, they’re unlikely to change China’s conduct -- and will cause significant collateral damage in the process,” a June 19 Progressive Policy Institute report said. The duties, though applied to “Chinese-origin” products, “would be paid by Americans and impose serious costs on the U.S. economy,” it said. A “smarter strategy” to “confront China’s mercantilism” would be for the U.S. “to work more closely with its trade partners” to curb the allegedly “abusive” trade behavior, the report said. “China’s unfair policies and practices seriously threaten innovative businesses in many countries, and they -- and their governments -- can be key allies in pushing back.” But it’s difficult to build a coalition against China when the administration “needlessly antagonizes allies,” as it did when it imposed steel and aluminum tariffs against its allies, it said. The U.S. also needs to “speak with a single voice” in “focused, results-oriented” trade negotiations with China, the report said. The administration “should designate a single, high-level official to negotiate with China about core trade issues related to China’s unfair innovation practices,” it said. “This official should also actively seek cooperation from allies on those issues.”
The Commerce Department extended the comments period by a week to June 29 on its recently launched Section 232 investigation into the national security effects of “imports of automobiles, including cars, SUVs, vans and light trucks, and automotive parts,” it said in a notice. The agency began the investigation into potential tariffs on May 24, amid reports that President Donald Trump wants a 25 percent tariff on cars and auto parts to counter the purported erosion of the U.S. auto industry by imports (see 1805240002). Rebuttal comments in connection with the investigation are due July 13. Commerce will hold a public hearing on the investigation July 19-20 in Washington, with requests to participate also due June 29.
Republicans and Democrats on the Senate Finance Committee criticized Commerce Secretary Wilbur Ross on June 20 over the steel and aluminum tariffs and the implementation of granting exclusions for certain imports subject to those tariffs. Democrat Sen. Claire McCaskill, who described a nail maker in her home state of Missouri who is laying off more than half its 500-person workforce as its inputs' cost increases, told him: "it appears to me a chaotic and, frankly, incompetent manner you're picking winners and losers." Only Sen. Sherrod Brown, D-Ohio, asked supportive questions during the hearing on tariffs.