December ’23 at-a-glance … taxes, trade & tariffs

Efforts continue to advocate for removal of Section 301 tariffs 

Americans for Free Trade (AFT), to which NAFEM belongs, continues to advocate on behalf of members for the removal of Section 301 tariffs on imports from China. In a recent AFT letter to President Biden, NAFEM and more than 100 other trade organizations encouraged the president to begin discussing a roadmap to de-escalate the U.S. tariffs and rollback China’s retaliatory tariffs with President Xi at the November Asia Pacific Economic Cooperation (APEC) Economic Leaders Meeting. However, at the Dec. 7 Aspen Security Forum, U.S. Trade Representative Katherine Tai said ending the Section 301 tariffs would be “insensitive to the dynamics in the global economy and the U.S. economy.”  

Section 301 litigation picks up again; no news from USTR in review of tariffs underway 

The government has until Dec. 21 to file its opening brief in the litigation challenging the Section 301 tariffs with U.S. Court of Appeals for the Federal Circuit. Reply briefs are currently due Jan. 11, but, given the holidays, an extension is expected.  

Additionally, there have been no updates from the U.S. Trade Representative (USTR) about its currently underway statutory four-year review of the tariffs. Experts expect USTR to again extend 352 product exclusions and 77 COVID-related exclusions from Section 301 tariffs due to expire Dec. 31. NAFEM members with questions about product exclusions can find their products by using the USTR search engine to check the 8-digit Harmonized Tariff Schedule (HTS) subheadings. 

NAFEM communicates concerns with aluminum extrusion, subassemblies investigation

NAFEM joined other trade associations in communicating concerns over the broad scope of antidumping and countervailing duty investigations on aluminum extrusions with Secretary of Commerce Gina Raimondo. According to Christine Sohar Henter, NAFEM legal counsel, Barnes & Thornburg, the scope language could potentially impact NAFEM members who import certain assemblies, like fin evaporator coils for refrigerators, for incorporation into finished U.S. goods. NAFEM members interested in learning more, submitting briefs or participating in hearings should contact Christine Sohar Henter.