Accordingly, interested persons that commented on a product pursuant to the notice on extending exclusions for COVID-related products may also wish to submit comments for the product pursuant to the notice on possible reinstatement of China Section 301 exclusions. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Among the announcements made were that (1) a Section 301 product exclusion process would be restarted with respect to the tariffs currently in effect, and (2) additional enforcement actions against China could be initiated, potentially to include another Section 301 investigation. The commodities include: The Section 301 tariff applicable to List 3 products will not become effective until after a notice and comment period, which will include a public hearing. Questions: Please contact Evelyn Suarez at esuarez@suarezfirm.com or 202.552.0310 if you have questions regarding coverage or need assistance in submitting comments or wish to testify. The Federal Register notice announcing the exclusion renewal process is available here. Text your zip code to 438829 (GETVAX) in English or 822862 (VACUNA) in Spanish, Reinstatement of Certain Exclusions Previously Extended, How to Navigate the Section 301 Tariff Process, China Section 301-Tariff Actions and Exclusion Process, Notice of Extension of Reinstated Product Exclusions, possible reinstatement of China Section 301 exclusions. The agency, however, would likely prefer to maintain flexibility to adjust the tariff toggle in the ongoing Section 301 dispute with China. Goods appearing on this list are eligible for refunds if filed within 6 months. Chinas State Council Tariff Commission said it will continue to review exemption requests and announce new exemptions in the future. The List 4A actions follow numerous lawsuits already filed on List 3 alleging the U.S. Trade Representative (USTR) overstepped its authority in promulgating the additional tariffs. Call today for more information The list of 352 reinstated exclusions in the USTR Notice is organized into four groups based on the List under which the particular tariffs were originally imposed: List 1, List 2, List 3 or List 4A. Arent Fox has developed a program for analyzing the products on List 1, List 2, and List 3 in order to determine the impact from Section 301 tariffs on companies and assist them in developing strategic duty mitigation alternatives. Trade Action Resources Information, deadlines and resource documents for U.S. trade and tariff actions and the responses by the rest of the world. (202) 552-0310, Chinas cabinet, the State Council, immediately announced that China will retaliate with tariffs covering 105 categories of products affecting $50 billion of Chinese imports of U.S. products to match the U.S. proposal. Neither the U.S. nor Chinese tariffs take effect immediately. Taking supply chain performance to a new level with industry-specific solutions tailored to address their unique shipping and logistics challenges. USTR News. To receive a Section 301 tariff analysis of your companys exposure, please contact any of the authors of this Alert or the Arent Fox professional that usually handles your matters. Whether the particular product is available only from China. It is possible that this exclusion renewal process is only a first step preceding a more extensive reopening of the product exclusion process, although no concrete indications of that have been made by the Administration. Current rate is 25%. Section 301 HTSUS Reference Guide. In her testimony to the House Committee on Ways and Means on the President's 2022 Trade Policy Agenda, Ambassador Katherine Tai said that it is time to turn the page on the old playbook with China; that rather than seek to change China's behavior, the U.S. must develop new domestic tools to defend its economic interests. List 1 - $34 Billion Trade Action List 2 - $16 Billion Trade Action List 3 - $200 Billion Trade Action List 4 - $300 Billion Trade Action Get more details about the situation Importers of Record have six months to apply for refunds. Last Modified: October 2, 2018. China Section 301-Tariff Actions and Exclusion Process How to Navigate the Section 301 Tariff Process; $34 Billion Trade Action (List 1) $16 Billion Trade Action (List 2) . Identification of the particular product in terms of the physical characteristics (e.g.,dimensions, material composition, or other characteristics) that distinguish it from other products within the covered 8-digit subheading; The 10-digit subheading of the Harmonized Tariff Schedule of the United States (HTSUS) applicable to the particular product requestedfor exclusion; Information on the ability of US Customs and BorderProtection (CBP) to administer the exclusion;and. Product exclusions granted by the USTR on List 3 are retroactive to September 24, 2018 and will extend for one year after the publication of the exclusion notice in the Federal Register. The USTRs official list of 549 previously extended exclusions is available here. Copyright 19962023 Holland & Knight LLP. Copyright 2023 OCEANAIR, Inc. All Rights Reserved. Tags: Trade, Trade Duties. Thus, importers of qualifying Chinese-origin products can request refunds of Section 301 tariffs paid on entries made on or after Oct. 12, 2021, so long as those entries are unliquidated (utilizing the Post Summary Correction process) or within 180 days of liquidation (utilizing the Protest process). Husch Blackwell LLP var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising, Copyright var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. On Tuesday, October 5, the USTR announced as a first step toward (1) that it would open a proceeding to consider whether to renew any Section 301 product exclusions that had previously been granted and that had previously been extended. Before you decide, ask us to send you free written information about our qualifications and experience. Section 301 Investigations Section 301- China Technology Transfer China Section 301-Tariff Actions and Exclusion Process $34 Billion Trade Action (List 1) $34 Billion Trade Action (List 1) (Regulations.gov Docket ID: USTR-2018-0005) Status: Completed Proposed Tariff Action - April 6, 2018 Hearings - May 15 -17, 2019 However, the exclusions continue to be highly specific, meaning importers must carefully consider whether their goods meet the relevant specifications. Companies are urged to be strategic in considering a request for exclusion as there are several factors to be considered apart from the data required. For questions related to Section 301 entry-filing requirements, please refer to CSMS message 40969690 Information on Trade Remedy Questions and Resources. We have grown to become one of the regions largest independent freight forwarders and customs brokers through our commitment to providing exceptional customer service and superior freight management, tailored to meet out clients unique requirements. News and Insight from our International Trade Practice Group. Reinstatement of Certain Exclusions Previously Extended | United States Trade Representative (ustr.gov), USTR Releases Draft Questionnaire for Section 301 Economic Impact Analysis, USTR Announces Opportunity for Domestic Industry Parties to Comment on Continuation of Section 301 Tariffs, OFAC Announces Hundreds of New SDN Designations Targeting Russias Duma, Defense Sector and Bank Officials; Issues New General Licenses, USTR Grants 6-Month Extension on Exclusions for 81 COVID-Related Products, USTR Announces Agreement with Austria, France, Italy, Spain, and the United Kingdom on Section 301 Tariffs Related to Digital Services Taxes, USTR Announces And Immediately Suspends Section 301 DSTs Tariffs Against Austria, India, Italy, Spain, Turkey, And UK. The USTR has made technical amendments to Lists 3, 4A, and 4B to relieve issues of double Section 301 tariffs on some goods. On August 27, 2021 USTR opened a docket for public comments on the possible extension of the 99 exclusions for COVID-19 response products (86 FR 48280). No further information, including expiration dates and refund eligibility has been released. 1 Beginning in 2018, the Trump Administration developed a process to review requests for exclusions from Section 301 tariffs on imports of Chinese-origin goods. The functionality for the acceptance of the reinstated product exclusions will be available in the Automated Commercial Environment (ACE) as of 7:00 am eastern standard time, April 7, 2022. Importers of Record (IOR) may request an administrative refund for products which were granted an exclusion by the USTR by filing a Post Summary Correction. Effective September 24, 2019, the Section 301 additional tariff will not be imposed on goods classified under any of 39 subheadings "if the applied rate of duty for an entry is derived from another subheading and if the entry, for this reason, already is subject to the additional tariff." Our logistics experts will guide you safely through the entire logistics process, from international logistics and domestic cargo to customs brokerage and trade consulting. by Chinas State Council Tariff Commission. Based on past experience we expect that Customs and Border Protection may be issuing Requests for Information to importers claiming the benefit of a reinstated tariff exclusion. If the entry is beyond the PSC filing timeframe, importers may protest the liquidation if within the protest filing timeframe. USTR will be looking for information on (1) whether the product remains available only from China, (2) changes in the products global supply chain/relevant industry developments since September 2018, (3) efforts importers have taken since September 2018 to source the product from the U.S. or third countries, and (4) domestic capacity for producing the product. The USTRs notice includes the following timeline: Section 301 Tariff Impact from List 1, List 2, and List 3. Due to the significant potential impact these additional duties may have on a wide-range of products from China, importers are urged to review their imports from China and, if they are importing any of the products on List 1, List 2, and List 3, to consider, at a minimum, filing written comments and possibly appearing at the public hearing. After requests have been posted, parties will have 14 days to file responses or objections to the requests. The proposed tariffs only apply to goods of Chinese-origin and cover products and parts within 81 Chapters of the HTSUS (i.e., Chapters 2 5, 7 8, 10 12, 14 17, 19 29, 31 48, 50 60, 65, 67 91, 94, and 96 97). Partner and International Trade & Investment Practice Leader, International Arbitration & Dispute Resolution Blog. 545 products, including soybeans, various chemicals, and automobiles, 333 products, including fuel, coal, and medical equipment, 5,207 products, including agricultural equipment, machinery and textiles. Whether the imposition of additional duties on the particular product would causesevere economic harm to the requester or other USinterests; Whether the particular product is strategically important or related to Made in China2025 or other Chinese industrial programs; Any other information or data that they considerrelevant to an evaluation of the request. On the same day, China confirmed its retaliatory tariffs, prompting the Trump Administration to publish a new list of products ("List 3"), proposing an additional 10 percent tariff on 6,031 product lines worth approximately $200 billion. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel. All exclusion requests for List 1 products must include the following information: In a call with the USTRs office, it was confirmed that USTR wants targeted exclusions,and recommended that parties seeking exclusions for their products submit separate requests for each 10-digit HTSUS subheading covering products for which exclusions are being sought. This latest round of exclusions covers these goods when entered for . Copyright 2023 ArentFox Schiff LLP. The reinstated exclusions will apply retroactively as of Oct. 12, 2021, and extend through Dec. 31, 2022. Information, deadlines and resource documents for U.S. trade and tariff actions and the responses by the rest of the world. Moreover, the laws of each jurisdiction are different and are constantly changing. During the investigation, the Trade Representative determined that the acts, policies and practices of China under investigation are unreasonable or discriminatory and burden or restrict U.S. commerce, and are thus actionable under Section 301 (b) of the Trade Act of 1974, as amended (Trade Act). Enforcement Section 301 Investigations Section 301- China Technology Transfer China Section 301-Tariff Actions and Exclusion Process China Section 301-Tariff Actions and Exclusion Process $34 Billion Trade Action (List 1) $16 Billion Trade Action (List 2) $200 Billion Trade Action (List 3) $300 Billion Trade Action (List 4) COVID Exclusions Among many other provisions on science, innovation and trade, USICA would reinstate all expired Section 301 product exclusions and establish a new exclusion process at USTR. In turn, USTR granted 2,200 of the approximately 53,000 requests for exclusion. Effective September 24, 2019, the Section 301 additional tariff will not be imposed on goods classified under any of 39 subheadings if the applied rate of duty for an entry is derived from another subheading and if the entry, for this reason, already is subject to the additional tariff. In other words, if a component of a good in one of these subheadings is subject to the Section 301 tariff, the good itself will not be subject to that tariff as well. This user guide is intended to provide a basic understanding of how to find and research section 301 exclusions in the Harmonized Tariff Schedule ("HTS"). Build a Morning News Digest: Easy, Custom Content, Free! Home / Resources / China Section 301 Tariff Updates. Then look no further! The annual quantity and value of the Chinese-origin productthat the requester purchased in each of the last three years. You must scroll down past the Federal Register Notice. On March 23, 2022 the U.S. Trade Representative (USTR) reinstated 352 Section 301 China tariff exclusions that had expired December 31, 2020. Information contained in this alert is for the general education and knowledge of our readers. Importers shall not submit the corresponding Chapter 99 HTSUS number for the Section 301 duties when HTSUS subheading 9903.88.67 is submitted. As with prior exclusion rounds, the reinstated exclusions apply to any product that meets the relevant product exclusion description and do not require the U.S. importer to have previously requested a product exclusion. The product exclusions announced will apply as of September 1, 2019, the effective date of the $300 billion action, and will extend for 1 year from the effective date of the action. New users may register below. List 1 and 2 exclusions will extend for one year after the publication of the exclusion notice in the Federal Register, while List 3 exclusions will expire of 8/7/2020. Lawyers and professionals in Kelley Dryes leading International Trade practice guide clients through complex trade rules and restrictions to address injury caused by imported goods, as well as to successfully import and export their products and services. U.S. Customs and Border Protection sent this bulletin at 03/31/2022 03:35 PM EDT, 51166038, 50980729, 50967853, 46607637, 45318223, 44450418, 44451479, 44243021, 44198137, 44016918, 43600625, 43534641, 43400564, 43401456, 43134617, 43044185, 43043838, 42839255, 42837261, 42693720, 42566220, 42355914, 42203908, 42219187, 42181055, 42180527, 42048963, 41955151, 42049352, 48134749, 40003027, 40002982, 40001360, 19-000052, 41702837, 41179115, 41052773, 41538917, 40984510, 40901928, 49710742, 40330403, 40208881, 40969690, 40564257, 39587690, 39587858, 39473933, 39268267, 39169565, 38840764, 19-000332, 19-000260, 19-000244, 19-000238, 19-000236, 19-000212, Section 301 Tranches and Rounds chart 031022.pdf.
Should I Ask For More Money Job Offer,
Proper Twelve Alcohol Percentage,
Cinderella's Castle Designer,
Abandoned Places Near Winston-salem, Nc,
Ncat Connection Reset By Peer,
Articles S
