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Fifth Round of 301 Product Exclusions Involving List 4A – $300B

posted by Jennifer Diaz June 29, 2020 0 comments

On June 23, 2020, U.S. Customs and Border Protection (CBP) issued Cargo Systems Messaging Service (CSMS) #43134617 as guidance on the fifth round of product exclusions for List 4A of the Section 301 trade remedies. These exclusions were announced in Federal Register Notice (FRN) 85 FR 35975.

According to the CSMS, duty exclusions granted by the USTR under this exclusion are retroactive for imports on or after the initial effective date of September 1, 2019.  To request a refund of Section 301 duties paid on previous imports of products granted duty exclusions by the USTR, importers may file a Post Summary Correction (PSC) if within the PSC filing time frame. If the entry is beyond the PSC filing time frame, importers may protest the liquidation if within the protest filing time frame. These exclusions will be available through September 1, 2020 under 9903.88.49.

The following chart details exclusions per Tranche as well as provides the secondary HTSUS that should be used by importers when filing entry with CBP. The secondary HTSUS signals to CBP the merchandise is excluded from the applicable Tranche.   

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USTR Seeks Comments on China Section 301 Product Exclusion Extensions & Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute

posted by Jennifer Diaz June 29, 2020 0 comments

The USTR has been active over the last couple of months in granting exclusions and extending certain exclusions that were scheduled to expire. USTR continues to seek comments from industry to determine its next steps. This blog is a snap-shot of the USTR’s comment and exclusion request docket. Currently USTR is seeking comments on the Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute and China Section 301 Product Exclusion Extensions. Here is the breakdown:

ENFORCEMENT OF U.S. WTO RIGHTS IN LARGE CIVIL AIRCRAFT DISPUTE

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Section 301 Tariff Updates: USTR Grants Exclusions & Seeks Comments on Products Necessary to Combat COVID-19!

posted by Jennifer Diaz April 17, 2020 0 comments

The Office of the United States Trade Representative (USTR), faced with the current COVID-19 pandemic, has moved quickly to grant numerous exclusion requests in March 2020; many of which are for medical supplies. USTR is also seeking comments from industry on whether products are necessary to combat COVID-19 spread and should be excluded from the additional duties. DTL has assisted clients in submitting comments to the USTR – this is the time to let your voice be heard.

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Section 301 Tariff Updates: USTR Grants Exclusions & Seeks Comments on Products Necessary to Combat COVID-19!

posted by Jennifer Diaz March 28, 2020 0 comments

The Office of the United States Trade Representative (USTR), faced with the current COVID-19 pandemic, has moved quickly to grant numerous exclusion requests in March 2020; many of which are for medical supplies. USTR is also seeking comments from industry on whether products are necessary to combat COVID-19 spread and should be excluded from the additional duties. DTL has assisted clients in submitting comments to the USTR – this is the time to let your voice be heard.

Below is a chart summarizing recent changes to Section 301 Tariffs:

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Diaz Trade Law Operations During the Coronavirus

posted by Jennifer Diaz March 23, 2020 0 comments

Pic CDCAs information about the Coronavirus (COVID-19) continues to rapidly evolve, we at Diaz Trade Law want to assure you that providing you the best service remains our top priority. We have received many calls asking if we are still working on cases and taking on new cases. The answer is, yes. To schedule a consultation, please contact info@diaztradelaw.com.

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BREAKING NEWS: U.S.-China Phase 1 Deal is Officially Signed

posted by Jennifer Diaz January 16, 2020 0 comments

On January 15, 2020, U.S. President, Donald Trump, and Chinese Vice Premier, Liu He, signed the U.S.-China Phase 1 Deal in the White House. The partial trade deal is an eight-part agreement consisting of 94 pages.
Picture1

Simultaneously, the Office of the United States Trade Representative (USTR) published a Federal Register Notice announcing tariff changes in accordance with the President’s direction (tweeted December 13, 2019) to modify the action taken pursuant to the Section 301 investigation.

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Catch Up on DTL’s Top Blogs From 2019!

posted by Jennifer Diaz December 27, 2019 0 comments

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We want to make sure you stay up to date with the hottest trade blogs from 2019. Below is a summary of what you missed by category. Enjoy!

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BREAKING NEWS: China Trade War Update – List 4A Reduced to 7.5% and List 4B will NOT become effective on 12/15

posted by Jennifer Diaz December 13, 2019 5 Comments

We have been monitoring for a news update on whether U.S. & CHINA reached a “PHASE ONE DEAL” since we last wrote about it on October 11, 2019. Two months later, the USTR published a press release confirming that the United States and China have reached an historic and enforceable agreement on a Phase One trade deal and President Trump tweeted the announcement noting that this “is an amazing deal for all”.TP Tweet

What does the “Phase One Deal” Include?

  • The deal requires structural reforms and other changes to China’s economic and trade regime in the areas of intellectual property, technology transfer, agriculture, financial services, and currency and foreign exchange.
  • The Phase One agreement also includes a commitment by China that it will make substantial additional purchases of U.S. goods and services in the coming years.
  • Importantly, the agreement establishes a strong dispute resolution system that ensures prompt and effective implementation and enforcement.
  • The United States has agreed to modify its Section 301 tariff actions in a significant way.

What is the Impact on Section 301 Tariffs?

  • Lists 1, 2, 3 will continue to be subject to 25% tariffs
    • Approximately $250 billion of Chinese imports
  • List 4A has been reduced to 7.5% from 15%
    • Approximately $120 billion of Chinese imports
    • The effective date for the reduced tariff has NOT been announced.
  • List 4B will not become effective on December 15.

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BREAKING NEWS: EXCLUSION PORTAL TO OPEN FOR LIST 4A

posted by Jennifer Diaz October 23, 2019 0 comments

 

portalUSTR announced it will open the exclusion request process for HTS’s on List 4A. List 4A includes products covered by Annex A of the August 20, 2019 notice (84 FR 43304)  that are subject to 15% duty as of September 1, 2019.

List 4 has a total of 300 Billion worth of products and includes both lists 4A & 4B. 15% duties for List 4B (products covered by Annex C of the August 20 notice) are effective December 15, 2019, and no exclusion process has yet been discussed for 4B.

Exclusion portal opens October 31, 2019, and closes on January 31, 2020.

Contact us today to get your request in timely!

DTL helps clients strategize how to identify the strongest argument to persuade the government in granting your exclusion request. DTL was active in assisting clients submit exclusion requests for List 3.

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TOP 5 Strategies to Mitigate the Impact of Tariffs

posted by Jennifer Diaz August 26, 2019 4 Comments

download-1Many importers, exporters, and international businesses alike may be unaware that avenues exist to ensure that their products remain unabated by protectionist trade policies (think China tariffs).

This blog provides an easy reference overview of five (5) proven and legitimate options for duty-saving opportunities.

We recommend U.S. importers, exporters, and manufacturers to consider these five (5) options as they apply to all products from virtually any country subjected to a tariff, including Section 201 tariffs for solar systems, Section 232 tariffs for aluminum and steel, and the infamous Section 301 Tariffs in place for Chinese originating goods and violations of trade agreements, as well as acts, policies or practices that are unjustifiable,  unreasonable, or discriminatory and that burden or restrict U.S. commerce.

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