Section 232 Tariffs

Canadian Foreign Minister Chrystia Freeland, speaking May 15 at the U.S. Capitol after meeting with the head of the Senate Finance Committee and the House Trade Subcommittee chairman, declined to predict when the U.S. and Canada might reach a resolution on Section 232 tariffs and Canada's retaliatory tariffs because of them. Treasury Secretary Steven Mnuchin testified earlier in the day in the Senate, and said there that "I think we’re close to an understanding with Mexico and Canada" on the tariffs.

Importers should have their customs broker file a protest on liquidated entries that are subject to pending exclusion requests on the Section 301 or Section 232 tariffs, C.H. Robinson said in a notice to customers posted May 15. "Entries typically liquidate 314 days after entry date," the company said. "However, we have seen some entries liquidate sooner. If you have a product exclusion request pending, and your entry liquidates before it has received a determination, request that your broker submit a protest to CBP with the notation 'Section 232 (or 301) product exclusion pending.' That notation will allow time for the product exclusion to be determined." That way, if the exclusion is approved, "the protest can be amended to include the exclusion number or information and a duty refund to be issued," and "if denied, the protest can be withdrawn." A CBP official recently said the agency will be unable to give any refunds once a protest period expires even if an exclusion is later granted (see 1905090059).

The Trump administration will wait at least another six months before taking action in response to the Commerce Department's Section 232 investigation into automobiles and auto tariffs, CNBC and other outlets reported May 15. The administration plans to make use of the Section 232 provisions that allow for an 180-day delay while negotiations continue, CNBC said. It remains unclear whether the White House will detail its planned response to the investigation when it announces the delay.

Senate Finance Committee Chairman Chuck Grassley, R-Iowa, wants to get the new NAFTA ratified as soon as possible. He said that by holding back on sending an implementing bill for the revised deal, the White House is giving House Speaker Nancy Pelosi, D-Calif., an excuse to delay its consideration. Grassley said during a conference call with reporters on May 14 that the administration needs to "get Pelosi to talk about specifics and tell us exactly what she and the Democrats need to get it passed." He also said negotiations with Canada on lifting Section 232 steel and aluminum tariffs seem to be advancing.

The deadline for President Donald Trump to decide whether auto and auto part imports are a national security threat -- and if so, what quotas or tariffs are the right fix -- is four days away. Senators, who have no ability to stop tariffs if they come, can only wait and worry.

Trade Partnership Worldwide President Laura Baughman stands by her organization’s February survey report that found levying Section 301 tariffs on all remaining $300 billion in Chinese imports in addition to other sanctions in effect would cause severe U.S. economic harm, she said in an email. President Donald Trump's chief economic adviser Larry Kudlow, in a Fox News Sunday appearance May 12, called the study flawed. He tried to make the case that any economic "consequences" would be "modest" and well worth it.

Importers have some options to preserve refunds on entries subject to Section 232 or Section 301 tariffs while awaiting a decision on exclusion requests, a CBP official said during a May 9 conference call. An importer can request an extension to the liquidation, the official said. Importers also can file a protest after liquidation and "provide information that the exclusion has been applied for but not granted," the official said. If a protest period expires after liquidation and an exclusion is granted, "CBP does not have any legal mechanisms to provide refunds of duties after the protest period closes," he said. CBP recommends "that importers pay close attention to the liquidation dates" for entries that are subject to the tariffs but could receive an exclusion, the official said.

House members that are leaders on trade, in the center and on the left, say that U.S. Trade Representative Robert Lighthizer is recognizing the ways he's going to need to change the new NAFTA to get Democratic votes, but it's not yet clear how far he'll be willing or able to go. Wisconsin's Rep. Ron Kind, a New Democrat and free trader, said in a hallway interview with International Trade Today May 10, "We're kind of at an impasse. They keep telling us there's no way they can open this up and tweak it, and make this minor adjustment and we're saying ... we haven't met a trade agreement yet where members of Congress weren't allowed to get our fingerprints on it a little bit, massage it here and there for it to get to 218 [votes]. So, until somewhat blinks on that front ... ."

Canadian Minister for International Trade Diversification James Carr said Canada is "following with great interest" what the Senate Finance Committee chairman and other Republicans senators are saying about Section 232 tariffs. "We will see how they decide to work that out," he said at the Council of the Americas conference May 7. He said that even though none of the countries got everything they wanted in the new NAFTA, Canada's government wants to see it ratified. "We negotiated for 14 months in good faith, we found alignment with our trading partners, we want to see it ratified. There are irritants, though, and the 232 tariffs on the steel and aluminum -- which we believe to be unwarranted -- are a real problem. It's going to be difficult to ratify the agreement as long as those tariffs are in place." He said Canadians are talking with U.S. counterparts about the tariffs, "and we hope they will be removed."

Senate Finance Committee Chairman Chuck Grassley, R-Iowa, is now saying it's not his stubbornness on getting Mexican and Canadian retaliatory tariffs lifted that stands in the way of the Senate ratifying the new NAFTA. He said he's looking for "any way of moving ahead," but added, "let’s just assume that Chuck Grassley said that we ought to go ahead, regardless of whether the tariffs come off, it isn't going to happen. ... You're never going to get the 51 votes through the United States Senate" in that scenario, he said.