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NEW List 1- Section 301 Extensions

posted by Jennifer Diaz September 24, 2020 0 comments

On June 3, 2020, the Office of the United States Trade Representative (USTR), requested the public to submit comments regarding potential product exclusion extensions for items subject to Section 301 Tariffs. This comment period specifically applied to products that were included on List 1, which went into effect on July 6, 2018, and had an annual trade value of $34 Billion.

List 1 imposed 25 percent additional duties on 818 eight-digit subheadings of the Harmonized Tariff Schedule of the United States (HTSUS).

The June 3 announcement was made via federal register notice and stated that submissions were to be made no later than July 7, 2020. Less than three months later, on September 20, 2020, USTR announced its determination to extend certain exclusions through the end of the year.

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What You Missed at CBP’s Virtual Trade Week

posted by Jennifer Diaz September 23, 2020 0 comments

From September 8-11, U.S. Customs and Border Protection (CBP) held its first virtual trade week. Over the course of the event, CBP held an action-packed series of webinars on the following topics:

  • United States-Mexico-Canada-Agreement (USMCA)
  • Forced Labor
  • Customs-Trade Partnership Against Terrorism (CTPAT)
  • E-Commerce
  • 21st Century Customs Framework (21CCF)

In the midst of this global pandemic and the vast challenges that (we are all navigating) the trade community faces, by us coming together in this way collective commitment to continue our persistent and ongoing dialogue about the most pressing issue facing.  CBP believes that improving and delivering effective transparency is an essential element to enhancing trust, and trust is essential to strengthening partnerships and getting things done for your business to thrive and trade community to succeed.

Below are summaries of each of the sessions. Have questions on them? Contact DTL at info@diaztradelaw.com.

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Exclusion Extensions Granted for List 4A

posted by Jennifer Diaz September 2, 2020 0 comments

On September 2, 2020, via Federal Register Notice, the United States Trade Representative formally announced its determination to extended certain previously granted exclusion requests through the end of the year; December 31, 2020.

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Expanded Export Control Obligations when Exporting to China

posted by Jennifer Diaz August 24, 2020 0 comments

Co-Authored by Sharath Patil, a trade policy researcher in Washington, DC, with a background in global logistics, international trade, and commercial diplomacy. Patil is an active member of the District of Columbia bar, and is a graduate of the University of Oregon School of Law.

Introduction

U.S. export controls refer to a set of federal laws which restrict the export of certain sensitive goods, technologies, information and services. Export controls are primarily enforced through two U.S. government agencies: the U.S. Department of Commerce (for Export Administration Regulations (“EAR”)) and the U.S. Department of State (for International Traffic in Arms Regulations (“ITAR”)). In recent months, U.S. export control laws have expanded exporters’ obligations when exporting critical technologies to China, as well as other sensitive export destinations such as Russia and Venezuela. In particular, U.S. laws on exporting critical goods to Hong Kong have changed; there is a greater requirement to exercise due diligence when exporting; the entity list has expanded; and filing requirements have changed. It is important for U.S. exporters to keep abreast of changes to export control laws in order to remain compliant and avoid serious penalties. We will explain each of these developments, in turn.

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Florida’s Top 3 Export Markets

posted by Jennifer Diaz August 10, 2020 1 Comment

Source: U.S. Census Bureau

Co-Authored by Sharath Patil, a trade policy researcher in Washington, DC., with a background in global logistics, international trade, and commercial diplomacy. Patil is an active member of the District of Columbia bar, and is a graduate of the University of Oregon School of Law.

What and Where do Floridians Export?

Exports are big business in the Sunshine State. In 2019, export sales brought $56.3 billion into Florida’s economy. International trade has supported 2.4 million Floridian jobs. Floridians export a wide array of goods all over the world. In 2019, the top export markets for Florida’s goods were Brazil, Canada, and Mexico, respectively. See Chart 1. We will discuss the significance of each of these markets, in turn.

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6th Round of Section 301 Tariff (List 1) Exclusions Extended

posted by Jennifer Diaz July 23, 2020 0 comments

Just over two years ago, on July 6, 2018, the United States Trade Representative (USTR) levied an estimated $34 Billion in Tariffs (also known as Tranche 1 or List 1) or against imports into the U.S. from the Chinese Communist Party due to the US’ Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation.

Following the publication of the tariffs, on July 11, 2018, USTR published Exclusion Process Procedures for items included on List 1. Petitioners were required to submit their requests by October 9, 2018, and USTR began granting exclusions in December 2018. Since the initial imposition of the Section 301 duties, USTR has granted 10 rounds of exclusions totaling more than 6,200 requests for List 1. Additionally, there are still more than 6,500 exclusion requests still pending approval for the Action taken on August 20, 2019.

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CBP Seizes $800k of Human Hair From China Alleging Forced Labor

posted by Jennifer Diaz July 22, 2020 1 Comment

On July 1, 2020, U.S. Customs and Border Protection (CBP) officers in Newark, New Jersey seized an import from China of roughly 13 tons of beauty products and accessories, discovered products made of human hair. The shipment, which came from the Xinjiang Region of China is estimated to be worth over $800,000.00.

The import was seized as a result of a June 17, 2020, Withhold Release Order (WRO) for “imported merchandise made wholly or in part with hair products produced by Lop County Meixin Hair Product Co. Ltd. (Meixin) in Xinjiang, China”.

According to CBP’s Executive Assistant Commissioner for the Office of Trade, there had already been evidence that reasonably indicated that the Chinese hair product company had been using prison labor to produce their merchandise, which is prohibited by Federal statute 19 U.S.C. 1307.

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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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USMCA Import Considerations for Practitioners

posted by Jennifer Diaz June 26, 2020 0 comments

Diaz Trade Law’s President, Jennifer Diaz and Associate Attorney, Denise Calle are enthusiastic to announce that another one of their articles, “USMCA Import Considerations for Practitioners,” was published by Bloomberg Law! Below is the article reproduced with permission for your reading pleasure. We’d love to hear your feedback!

You can read the article here, by clicking USMCA Import Considerations for Practitioners (where you’ll have the ability to access all of the great hyperlinks) you cannot click on below.

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