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Section 301 Tariffs

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LIST 3 Exclusion Updates

posted by Jennifer Diaz October 26, 2020 0 comments

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

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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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NEW LIST 2- SECTION 301 EXTENSIONS

posted by Jennifer Diaz October 1, 2020 1 Comment

On June 25, 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 2, which went into effect on August 23, 2018.

List 2 imposed 25 percent additional duties on 279 eight-digit subheadings of the Harmonized Tariff Schedule of the United States (HTSUS) and had an annual trade value of $16 Billion.

On September 18, 2018, USTR provided the public with an exclusion process; then September 2019, USTR granted a number of exclusions that were set to expire on September 20, 2020. In the June 25th Notice, commenters were asked a variety of questions relating to their supply chains, such as…

whether the particular product and/or a comparable product is available from sources in the United States and/or in third countries; any changes in the global supply chain since August 2018 with respect to the particular product, or any other relevant industry developments; and efforts, if any, importers or U.S. purchasers have undertaken since August 2018 to source the product from the United States or third countries.

The June 25th announcement was made via federal register notice and stated that requests for exclusion extensions were to be submitted no later than July 30, 2020. Less than three months later, on September 22, 2020USTR announced its determination to extend certain exclusions through the end of the year. Although USTR could have extended the exclusions for up to 12 months, these exclusions are effective as of September 20, 2020, and will now expire on December 31, 2020.

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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 1 Comment

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

posted by Jennifer Diaz August 11, 2020 1 Comment

Over 200 exclusions set to expire on August 7th 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 1 Comment

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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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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