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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
21^st 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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Pending Section 301 Lawsuit Could be A Windfall – But You Have to Act Now

posted by Jennifer Diaz September 15, 2020 0 comments

Possible Court Challenge to Section 301 Duties

A coalition of importers has just filed a Court challenge to the USTR’s imposition of Section 301 duties on certain imports from China under lists 3 and 4. These duties were imposed as part of a process purportedly intended to address intellectual property abuses by China. Specifically, this coalition has claimed that these duties were imposed contrary to law and ignored the statutory deadlines in Section 301.

Further, the coalition has argued that these duties were not imposed in response to the intellectual property violations alleged in the initiation notice, but rather were filed in response to the retaliatory tariffs enacted by China. Accordingly, the coalition argues, such tariffs were void from the initial imposition. Continue Reading

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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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List 3 Exclusion Extensions Granted – Did Your HTS Make the Cut?

posted by Jennifer Diaz August 11, 2020 0 comments

Over 200 exclusions set to expire on August 7^th are now effective until the end of the year.

In September 2018, as part of the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation, the US imposed a 10 percent ad valorem duties on more than 5,700 goods from China worth approximately $200 billion (List 3). Since the publication of the exclusion process on June 24, 2019, the United States Trade Representative (USTR) has granted 15 rounds of relief.

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China Tariff Update – List 2 Exclusions Extended

posted by Jennifer Diaz July 31, 2020 0 comments

If you import goods subject to List 2/Tranche 2 China tariffs, read on!

Background:

Effective August 23, 2018, the U.S. Trade Representative imposed additional 25 percent duties on goods of China classified in 279 eight-digit subheadings of the Harmonized Tariff Schedule of the United States (HTSUS), with an approximate annual trade value of $16 billion. See 83 FR 40823 for List 2; the $16 billion action. The U.S. Trade Representative’s determination included a decision to establish a process by which U.S. stakeholders could request exclusion of particular products classified within an eight-digit HTSUS subheading covered by the $16 billion action from the additional duties. The U.S. Trade Representative issued a notice setting out the process for the product exclusions and opened a public docket. See 83 FR 47236 (the September 18 notice).

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More Section 301 Tariff Exclusion Requests Granted For List 4

posted by Jennifer Diaz July 27, 2020 0 comments

Nearly a year ago, on August 20, 2019, President Trump and the United States Trade Representative (USTR) imposed a 10 percent ad valorem on imported goods from China, worth an estimated $300 Billion (Tranche or List 4), due to the US’ Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. Then, on August 30, 2019, the 10 percent ad valorem was raised to a 15 percent ad valorem. On January 22, 2020, the USTR, lowered the ad valorem on goods included on Annex A of List 4 to 7.5 percent and suspended the duties entirely for goods included on Annex C. See 84 FR 69447, 85 FR 3741.

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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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NEW EXECUTIVE ORDER: Federal Agencies Directed to Remove Regulatory Barriers

posted by Jennifer Diaz May 27, 2020 0 comments

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In light of COVID-19, on May 19, 2020, the Trump Administration issued a new Executive Order (EO) entitled, “Regulatory Relief to Support Economic Recovery” directing all federal agencies to promote economic recovery through non-regulatory action. Importers, exporters, and other businesses under the jurisdiction of one of the 42 plus federal agencies that have pending federal enforcement actions should consider the regulatory reform mandated by the EO.

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CBP Creates New Online Electronic Vessel Manifest Confidentiality Application

posted by Jennifer Diaz May 22, 2020 1 Comment

Photo Credit: Dr. Richard Sarabia

Do your competitors have access to information listed in your Bill of Lading? Why provide your competitors the advantages needed to gain control over your market? In our previous blog post “Do You Keep Your Manifest Information Confidential” we discussed the relevant privacy statute, what information is published publicly, and what information you can request CBP keep confidential.

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