Materials contained on this site are for informational purposes only and not to be considered legal advice. However, many items will remain subject to the additional duties on September 1, List 4A. Share This Page. The list, which is provided in the Notice of Determination and Request for Public Comment in Resource # 1 below, covers a broad range of products including semiconductors, engines, agricultural and textile machinery, batteries, tires, industrial robots, medical products and instruments used in aeronautical and space navigation. The Section 301 tariff exclusion reinstatements were based on comments submitted in response to 549 Section 301 tariff exclusions that expired December 31, 2020. The USTRs official list of 549 previously extended exclusions is available here. In making determinations, the USTR will consider whether the exclusion would undermine the objective of the Section 301 investigation based on the following criteria: Parties may submit public and business confidential versions of exclusion requests. China has responded to all rounds of Section 301 tariffs by imposing tit-for-tariffs of their own. News and Insight from our International Trade Practice Group. However, some lawmakers are keen to have an established exclusion process available if the tariffs remain for the foreseeable future. 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. The latest guidance on the process for submitting retroactive claims for product exclusions to CBP is found in CSMS42566154. Per the USTRs Federal Register notices, the product exclusions are available for any product that meets the description in the annex to theFederal Register notice, regardless of whether the importer filed an exclusion request. please contact the Section 301 Hotline at (202) 395-5725. As part of the Section 301 actions, the U.S. Trade Representatives (USTR) determination included a decision to establish a product exclusion process. Comprehensive List of Section 301 Product Exclusions: Updated February As such, importers filing for duty exclusions or refunds under HTSUS 9903.88.67 should proactively gather documentation establishing that the goods in question meet the description in the tariff exclusion claimed. Section 301 Tariffs: A Comprehensive Guide - USA Customs Clearance On August 13, 2019 the USTR delayed some of the additional tariffs on the proposed List 4 until December 15, 2019, List 4B, and removed some items from the list. Information, deadlines and resource documents for U.S. trade and tariff actions and the responses by the rest of the world. Food Products: meat, seafood, butter, eggs, vegetables, fruit, nuts, grains, prepared foods; Personal Care Products: soap, shampoo, makeup; Wood Products: wood, plywood, boards, building materials; Paper Products: wood pulp, paperboard, various types of paper; Textile Materials: wool products, yarns and threads, fabrics; Metal Articles: precious metals, articles of metals, fasteners, other articles of various metals (iron, steel, copper, nickel, aluminum, among others), tools; Vehicles and Automotive items: engines, bodies, auto parts, tires; Machines and Appliances: printing machines, cutting machines, drilling machines, sewing machines, washers and dryers, vacuums, heaters, air conditioners, refrigerators; Consumer Products: handbags, luggage, leather accessories, bicycles, recreational sporting goods, furniture; Consumer Electronics: certain computer parts and equipment (excluding laptops), telecommunications equipment (including Apple Watches); and. The USTR official noted that this was the preferred manner for submitting requests, even if it resulted in repetitive requests for similar products that fell into different HTSUS subheadings. During the Section 301 notice, hearing, and comment period on proposed tariff increases, the USTR heard from numerous stakeholders who expressed concerns about how additional tariffs could affect U.S. firms and consumers. In response, for each new list of covered products, the USTR created a process whereby interested parties could request US Section 301 and 232 Tariffs - Descartes CustomsInfo On July 6, 2018, the implementation day for the Section 301 List 1 duties, the United States Trade Representativereleased the procedures for filing exclusion requests for List 1 products subject to the 25 percenttariff pursuant to Section 301 of the Trade Act of 1974. US Trade Representative Reinstates Certain Exclusions from Section 301 list 1 9903.88.01 Section 301 List 1, effective date July 6th, 2018. We will continue to make announcements as opportunities arise. Last Modified: October 2, 2018. Whether the particular product is available only from China. Copyright 2023 Sandler, Travis & Rosenberg, P.A. Current rate is 25%. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have previously filled out the form, simply click the yellow button belowto receive the email again. New users may register below. Section 301 HTSUS Reference Guide - U.S. Customs and Border Protection To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [Ongoing] Read Latest COVID-19 Guidance, All Aspects, [Hot Topic] Environmental, Social & Governance. PDF SECTION 301: a quick guide - Green WorldWide Shipping 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. 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. Any rebuttal comments are due seven days after the conclusion of the 14-day response period. 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. These tariffs impact $550 billion worth of goods imported from China and have caused severe economic obstacles for companies that import Chinese products. 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. Supreme Court Raises Bar for Employers Assessing Employee Religious Accommodation Requests, FCC Announces July 11 Meeting of Precision Agriculture Connectivity Task Force. 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. COMPETES does not contain any such language and takes a vastly different approach to trade than USICA. Find COVID-19 Vaccines Near You: Vaccines.gov (English) Vacunas.gov (Spanish)Text your zip code to 438829 (GETVAX) in English or 822862 (VACUNA) in Spanish, Request for Comments Concerning the Reinstatement of Particular Exclusions, Index of 549 Previously Extended Exclusions, Notice of Reinstatement of Certain Exclusions, Notice of Conforming Amendments - October 14, 2022, Notice of Technical Amendments - October 14, 2022, Notice of Extension of Reinstated Product Exclusions - December 21, 2022, Guidance Regarding Products Covered Both in the COVID Exclusion Notices and the Notices Concerning Possible Reinstatement of Previously Extended Exclusions. The annual quantity and value of the Chinese-origin productthat the requester purchased in each of the last three years. Click "accept" below to confirm that you have read and understand this notice. Even if you are indirectly affected by the tariffs, you may wish to comment or testify. Summary: In response to an investigation surrounding Chinas failure to protect intellectual property and forced technology transfers, the Office of the United States Trade Representative (USTR) announced on April 3, 2018, its list of products for imposition of a proposed 25 percent ad valorem duty. 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. 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). Subscribe to receive Updates from the Press Office. The US Supreme Court to Rule on the TCJA Transition Tax: Is the Realization Requirement Soon to Be No Moore? Chinas State Council Tariff Commission said it will continue to review exemption requests and announce new exemptions in the future. After requests have been posted, parties will have 14 days to file responses or objections to the requests. The reinstated exclusions can be claimed using Harmonized Tariff Schedule of the United States (HTSUS) classification 9903.88.67 and are available for any product that meets the description in the product exclusion as set out in Annex A to 87 FR 17380. Most of these exclusions expired on Dec. 31, 2020. You must scroll down past the Federal Register Notice. Moreover, the laws of each jurisdiction are different and are constantly changing. Internationally recognized trade compliance training. The Office of the U.S. Trade Representative (USTR) reinstated 352 product exclusions applicable to certain Chinese-origin goods subject to Section 301 tariffs in a notice published on March 28, 2022. The review for the possible extension of COVID exclusions and the review for the possible reinstatement of exclusions are based on different factors and may result in different effective dates. Published on July 10, the proposed modification to the Section 301 tariffs via List 3 is a supplemental action, maintaining the 25 percentad valorem tariff on List 1 and List 2 products, and adding a 10 percentad valorem tariff on the List 3 products. In 2018, the U.S. imposed three rounds of tariffs on more than $250 billion worth of Chinese goods after its Section 301 investigation determined that Chinas acts, policies, and practices related to technology transfer, intellectual property, and innovation were unreasonable and discriminatory. Section 301 Tariff List. If the entry is beyond the PSC filing timeframe, importers may protest the liquidation if within the protest filing timeframe. Importers shall not submit the corresponding Chapter 99 HTSUS number for the Section 301 duties when HTSUS subheading 9903.88.67 is submitted. 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. Section 301 Tariff List - The Suarez Firm On October 5, 2021, USTR announced that it was starting a review to possibly reinstate 549 previously-extended exclusions (86 FR 56345). For unliquidated entries going back to October 12, 2021 we recommend that if possible the importer (or their customs broker) file a Post Summary Correction referencing the new HTSUS code for the reinstated exclusions (HTSUS 9903.88.67). For questions related to Section 301 entry-filing requirements, please refer to CSMS message 40969690 Information on Trade Remedy Questions and Resources. 600 17th Street NW; Washington, DC 20508. Privacy Policy | GovDelivery is providing this information on behalf of U.S. Department of Homeland Security, and may not use the information for any other purposes. Batch 2 exclusions from the additional 25% tariff will be effective from May 19, 2020 to May 18, 2021. USTR extends Section 301 Tariff Exclusions to combat COVID-19 until Sept 30, 2021. 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"). 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. Partner and International Trade & Investment Practice Leader, International Arbitration & Dispute Resolution Blog. 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. In particular, the scope of each exclusion is governed by the scope of the ten-digit HTSUS subheadings and product descriptions in Annex A to 87 FR 17380. 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. Your great cargo rate is just a few clicks away. 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. For over 35 years, OCEANAIR has been arranging freight shipments for businesses of all sizes and verticals. Any reinstated exclusions will be retroactive to October 12, 2021 and run for a time period yet to be determined. Section 301 List 4a Additional Tariffs decrease to 7.5% In so doing, USTR reinstated more than half of previously available exclusions, covering a range of manufactured, mechanical and consumer goods.1 As noted in an earlier Holland & Knight alert, USTR weighed several factors in assessing whether to reinstate the exclusions, namely economic harm, impacts on small businesses, employment, manufacturing output, critical supply chains and the impact of the exclusions on the goal of eliminating China's harmful trade policies and practices. 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. 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. USTR Proposes Section 301 Tariff Exclusion Renewal (Spreadsheet COVID Exclusions | United States Trade Representative **The hiring of an attorney is an important decision that should not be based solely upon advertisements. PDF Exclusion User Guide - United States International Trade Commission The USTR requests comments with respect to any aspect of the proposed action, including: If you have a pending product exclusion request with the USTR and you are concerned that an entry may liquidate before the USTR renders a decision on the exclusion request, you can: To date, the USTR has published the following Federal Register notices granting product exclusions requests for the lists below. Furthermore, Congress in the coming weeks is expected to convene a conference committee to resolve differences between the Senate's United States Innovation and Competition Act of 2021 (S.1260) (USICA) and the House of Representatives' America COMPETES Act of 2022 (H.R. In turn, USTR granted 2,200 of the approximately 53,000 requests for exclusion. To review the official list, click here. The scope of each inclusion is governed by the scope of the 10-digit subheadings and product descriptions listed in the annex, not by the product descriptions set out in any particular request for exclusion. You will need to use your e-mail address to log in. 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. 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 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. Additionally, importers of qualifying Chinese-origin products will not need to pay additional tariffs through Dec. 31, 2022, so long as the proper paperwork is completed. Comments are being invited on whether this particular universe of previously granted exclusions should be reinstated. 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