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301

301 INVESTIGATIONSACEChinaChina Trade WarCustoms ExpertImportInternational TradeTrade PolicyU.S. Customs and Border Protection (CBP)U.S. Trade Representative (USTR)

Potential Relief from China Tariffs Coming

posted by Jennifer Diaz June 7, 2021 0 comments

Co-Authored by Sharath Patil

Background on Section 301 Tariffs

A key element of the U.S.-China trade war, initiated under the Trump administration and continuing through Biden’s first term, was the imposition of China tariffs under Section 301. Section 301 is a mechanism via which the President can retaliate against foreign countries that violate U.S. trade agreements or engage in acts that are “unjustifiable” or “unreasonable” and burden U.S. commerce. With regard to China, the U.S. Trade Representative (“USTR”) found that China’s acts, policies, and practices related to intellectual property and innovation are unreasonable or discriminatory and burden or restrict U.S. commerce. Accordingly, a broad set of tariffs were instituted. Section 301 tariffs for goods originating from China have been so expansive that U.S. Customs revenue has nearly doubled from $41.6 billion in FY 2018 to $71.9 billion in FY 2019 and $74.4 billion in FY 2020.

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301 INVESTIGATIONSBest PracticesChinaChina Trade WarCOVID-19Customs ExpertEnforcementHTSImportInternational BusinessInternational TradeSpecial 301Trade PolicyU.S. Customs and Border Protection (CBP)U.S. Trade Representative (USTR)

301 Exclusion Extensions for COVID-19 Related Products

posted by Jennifer Diaz April 13, 2021 0 comments

On March 10, 2021, via Federal Register Notice ( 86 FR 13785), the United States Trade Representative (USTR) announced that 99 medical product exclusions will be extended from March 31, 2021, to September 30, 2021. This action extends a previous USTR action which extended these exclusions from December 31, 2020, to March 31, 2020 (85 FR 85831). Continue Reading

301 INVESTIGATIONSEnforcementImportInternational TradeInvestigationTrade PolicyU.S. Trade Representative (USTR)

Proposed 25% Tariffs on Section 301 Digital Service Taxes – Comment Now

posted by Jennifer Diaz April 1, 2021 0 comments

Digital economy and society in the EU

Background on Section 301 Digital Service Taxes

In 2020, the United States Trade Representative (“USTR”) initiated Section 301 investigations with respect to certain Digital Service Taxes (“DSTs”) being adopted or under consideration by a number of countries. DSTs are taxes on revenues that certain companies generate from providing certain digital services to users in those jurisdictions. According to USTR, available evidence suggests that DSTs are expected to target large, U.S.-based technology companies.

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301 INVESTIGATIONSChinaChina Trade WarCOVID-19Customs BrokerCustoms ExpertEnforcementExportHTSImportInternational BusinessInternational LawInternational TradeInvestigationIPR, Trademarks and LogosSupply ChainU.S. Customs and Border Protection (CBP)

USTR Announces China 301 Tariff Exclusion Extensions for COVID-Related Products

posted by Jennifer Diaz December 30, 2020 1 Comment

On December 29, 2020, the Office of the United States Trade Representative (“USTR”) announced long-awaited extensions to a limited set of previously granted exclusions (for COVID-related products), that were set to expire on December 31, 2020. Meanwhile, importers across non-COVID industries are continuing to await guidance on their tariff exclusion extensions that are set to expire on December 31, 2020.

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ChinaChina Trade WarEnforcementExportHTSImportInternational BusinessInternational LawInternational TradeInvestigationIPR, Trademarks and LogosSupply ChainU.S. Customs and Border Protection (CBP)

LIST 3 Exclusion Updates

posted by Jennifer Diaz October 26, 2020 1 Comment

On June 24, 2019, the Office of the United States Trade Representative (USTR) provided the public with an exclusion process for items included subjected to Section 301 Tariffs. Specifically, the exclusions related to products included on List 3, which went into effect on September 24, 2018.

Originally, List 3 imposed 10 percent ad valorem duties on 5,757 full and partial subheadings of the Harmonized Tariff Schedule of the United States (HTSUS) and had an annual trade value of $200 Billion. Months later, in May 2019, the 10 percent ad valorem duties were increased to 25 percent. Continue Reading

ChinaChina Trade WarCustoms ExpertEnforcementExportHTSImportInternational BusinessInternational LawInternational TradeInvestigationIPR, Trademarks and LogosSupply ChainU.S. Customs and Border Protection (CBP)USMCA

List 4 Exclusion Update

posted by Jennifer Diaz October 23, 2020 0 comments

On  June 26, July 17, and August 11, 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 4.

When the list was announced on August 20, 2019, it imposed a 10 percent ad valorem on 3,805 full and partial subheadings of the Harmonized Tariff Schedule of the United States (HTSUS), with an annual trade value of approximately $300 billion. Then, on August 30, 2019, USTR increased the rate of the additional duty announced in the August 20 notice from 10 to 15 percent. Finally, on January 22, 2020, USTR determined to reduce the rate from 15 to 7.5 percent. Continue Reading

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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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Best PracticesInternational LawInternational TradeU.S. Customs and Border Protection (CBP)

UPDATE! DEADLINE APPROACHING – WHY SHOULD YOUR PRODUCT NOT BE ON THE 301 LIST!

posted by Jennifer Diaz August 14, 2018 1 Comment

Trade WarWe have been working hard to keep you up to date on the current Trade War between the United States and China. For background on the Trade War see our previous blog post. This blog post sets out USTR’s actions in coordination with the Trump Administrations instructions.

China took retaliatory actions against the United States in response to the first 301 list  of additional U.S. duties that became effective on July 6, 2018, which imposed an additional 25% duty on goods worth $34 Billion. Continue Reading

Best PracticesInternational LawInternational TradeU.S. Customs and Border Protection (CBP)

Deadline Approaching – Why Should Your Product Not Be on The 301 List!

posted by Jennifer Diaz August 3, 2018 0 comments

Trade WarWe have been working hard to keep you up to date on the current Trade War between the United States and China. China has taken retaliatory actions against the United States in response to the first wave of additional U.S. duties that became effective on July 6, 2018. The United States is gearing up to impose a second round of 10% additional duties on approximately $200 billion worth of products of Chinese origin. The USTR has also been directed to consider levying a 25% tariff on these $200 billion worth of Chinese imports – thereby increasing the 10% to 25%.

Now, you have the ability to tell USTR why your products should not be on the 301 List. Continue Reading