CBP will add the ability in ACE for importers to file entries with recently excluded goods in the fourth tranche of Section 301 tariffs on Aug. 20, it said in a CSMS message. The official Office of the U.S. Trade Representative notice for the exclusions was published Aug. 11 (see 2008060008). The exclusions are in subheading 9903.88.55. The exclusions are available for any product that meets the description in the Annex to USTR’s notice, regardless of whether the importer filed an exclusion request. The product exclusions apply retroactively to Sept. 1, 2019, the date the tariffs on the fourth list took effect, and remain in effect until Sept. 1, 2020. The CSMS message also includes a summary of Section 301 duties that shows information on each tranche of tariffs and granted product exclusions.
Customs duty
A customs duty is a tariff or tax which a country imposes on goods when they are transported across international borders. Customs Duties are used to protect countries' economies, residents, jobs, and environments, by limiting the flow of imported merchandise, especially restricted and prohibited goods, into the country. The Customs duty rate is a percentage determined by the value of the article purchased in the foreign country and not based on quality, size, or weight. U.S. customs duties are listed in the Harmonized Tariff Schedule of the United States.
The change in marking requirements for products from Hong Kong doesn't subject the goods to tariffs meant for goods from China, CBP confirmed in a list of frequently asked questions posted to the agency's website Aug. 12. “The change in marking requirements does not affect country of origin determinations for purposes of assessing ordinary duties under Chapters 1-97 of the [Harmonized Tariff Schedule of the U.S.] or temporary or additional duties under Chapter 99 of the HTSUS,” CBP said. “Therefore, goods that are products of Hong Kong should continue to report International Organization for Standardization (ISO) country code 'HK' as the country of origin when required.”
The Section 232 tariffs on aluminum from Canada (see 2008060065) will return at 12:01 a.m. on Aug. 16, CBP said in a CSMS message posted Aug. 13. Importers of goods subject to the tariffs should report the regular classification as well as “9903.85.21 (10% ad valorem duty rate for non-alloyed unwrought aluminum products of Canada, provided for in subheading 7601.10),” CBP said. Previously granted Section 232 tariff exclusions for aluminum articles from Canada that aren't expired will continue to be valid, it said.
Some “high tech” goods of Chinese origin sent to Mexico for minimal handling and then to the U.S. are eligible for USMCA tariff treatment, CBP said in an Aug. 7 ruling. Jose Fierro, an El Paso, Texas, customs broker, requested the ruling less than a week after USMCA entered into force July 1. The broker said that a client “has contracted with a Mexican maquiladora facility to provide certain logistical services” and inquired whether USMCA treatment would apply.
The change in marking requirements for products from Hong Kong doesn't subject the goods to tariffs meant for goods from China, CBP confirmed in list of frequently asked questions posted to the agency's website Aug. 12.
The International Trade Commission is beginning an investigation into whether to extend Section 201 safeguard duties on large residential washers, it said in a notice released Aug. 11. The ITC will consider whether the tariff-rate quota put in place in 2018 “continues to be necessary to prevent or remedy serious injury and whether there is evidence that the domestic industry is making a positive adjustment to import competition.”
The Customs Rulings Online Search System (CROSS) was updated Aug. 11 The following headquarters rulings were modified recently, according to CBP:
The broader impact of CBP's ruling on unsold low-value goods imported under Section 321 exemptions may be somewhat limited, industry experts said in recent interviews. The ruling (see 2007310036) laid out how the agency determines what entities can be considered a “person” for unsold Section 321 shipments.
The Office of the U.S. Trade Representative is requesting comments on whether new tariff exclusions granted to Chinese imports on Section 301 List 4 that are set to expire Sept. 1 (see 2008060008) should be extended for up to another year, it said in a notice released Aug. 10. The agency is already accepting comments on previously granted extensions that expire on Sept. 1 (see 2007150036). The comments are due by Aug. 20, it said. Each exclusion will be evaluated independently. The evaluation's focus will be on whether, despite the first imposition of these additional duties, the particular product remains available only from China. The companies are required to post a public rationale.
CBP is seeking comments by Oct. 6 on existing information collection requests for entry summaries, foreign-trade zone annual reconciliation certification and record keeping requirements, exportation of articles under special bond, cost submissions and entry of articles for exhibition, it said in notices published in the Aug. 7 Federal Register. CBP proposes to extend the expiration date of these information collections with no change to the burden hours or the information collected.