Washington, Oct 12 (IANS) Six days before US President Donald Trump must act on tariffs against major buyers of Russian oil, the administration has made public no written justification, list of targeted countries, duty or waiver.
The Lindsey O Graham Sanctioning Russia and Iran Act, signed on September 18, says the President “shall” raise duties on “all goods” from covered countries “to a rate of up to 100 percent ad valorem” within 30 days of enactment, or by October 18.
Under Section 113(g) of the law, the President or the US Trade Representative must send the relevant committees of Congress a written justification “not later than 10 days before imposing a duty”.
For duties starting on October 18, that deadline fell on or about October 8.
The justification must provide “a substantive rationale” for the rate and detail “the methodology used to determine” that a country is covered, according to the law.
No such document has been released by the White House, the Office of the US Trade Representative or the Treasury, and none has been reported as of Monday.
That does not mean it was not sent. The law requires the justification to go to six congressional committees, not to be published, and committee staff may have received it without releasing it.
Lawmakers have already accused the administration of bypassing Congress on a related decision to allow imports of Russian diesel fuel.
“The Administration has also failed to consult with Congress or submit any explanation to justify its decision as required by statute,” seven senators led by Senate Foreign Relations Committee ranking member Jeanne Shaheen said in a statement on Sunday.
The statement did not say which reporting requirement had been missed.
The law also gives Trump a way out. Under Section 115, the President may waive any duty, but must first give Congress “a certification in writing that the issuance of the waiver is in the national interests of the United States” and a report explaining it.
No waiver certification has been made public either.
A country is covered if it was among the five largest importers of Russian crude oil or natural gas in the 12 months before enactment and “knowingly made new purchases” on or after October 18. Countries among the top five facilitators of Russian oil sanctions evasion are also covered.
The law does not require a list of countries to be published before the first round of duties.
Unofficial rankings by the Kyiv School of Economics and the Centre for Research on Energy and Clean Air place India second among buyers of Russian crude, behind China. India does not figure among the largest buyers of Russian gas.
That means any duty on Indian goods would depend on whether Indian refiners make new purchases from October 18.
The Graham Act passed the Senate 86-11 on August 7 and the House 262-159 on September 16. After the first duties, the US Trade Representative must determine the top five buyers again every 180 days.
–IANS
lkj/as
