IRobot slashed operating income projections for the fiscal year ending Jan. 1 on concerns over higher supply chain costs, price increases and Section 301 tariffs, Chief Financial Officer Julie Zeiler said on an Oct. 28 earnings call. Q3 gross margin declined by 11 percentage points, with 60% of the decrease due to an unexpected $14 million in tariff costs and “supply chain headwinds.”
Section 301 tariff exclusions
The Office of the U.S. Trade Representative has established an exclusion process for Section 301 tariffs on China. In a series of rounds since the tariffs took effect, importers have been able to request exclusions from the tariffs, as well as extensions to existing exclusions. Many exclusions have been allowed to expire, as well. Section 301 exclusions are applicable to all importers of a given good, which may be defined as an entire tariff schedule subheading or a subset of a subheading outlined in a written description.
Eleven of the 49 Democratic senators have told U.S. Trade Representative Katherine Tai that the inputs for manufacturing protective gowns and masks and finished masks and surgical gowns should not continue to receive exclusions to Section 301 duties. The previous administration decided that goods needed to respond to the COVID-19 pandemic should not face higher tariffs, but these senators, led by Ohio's Sen. Sherrod Brown and Wisconsin's Tammy Baldwin, argue that domestic manufacturers need the tariff barrier to be competitive.
An executive with a logistics company with more than 100,000 customers talked about tariffs as a contributor to supply chain strains. So did the owner of a 200-person candy manufacturer, and a board member from the National Association of Home Builders. While tariffs were not the top concern for businesses mentioned at the hearing on how global supply chain kinks are hurting small businesses, companies said lifting them, even temporarily, would ease the pain of high shipping costs.
RANCHO MIRAGE, California -- Lawyers are seeing a rise in cases filed against customs brokers for failing to meet their fiduciary duties, said Cameron Roberts, a Roberts & Kehagiaras trade attorney. Many of the cases involve importers who allege their brokers didn’t correctly advise them about issues related to forced labor, Section 301 tariffs and certain agriculture imports, he said. “All of these issues are being put at the foot of the broker,” Roberts said, speaking during the Oct. 15 Western Cargo Conference.
The U.S. summary of a weekend call between U.S. Trade Representative Katherine Tai and China's Vice Premier Liu He, the lead negotiator of the phase one agreement, did not use the word tariffs, though it said the two countries would "consult on certain outstanding issues."
The Office of the U.S. Trade Representative is seeking comments on whether it should reinstate hundreds of Section 301 product exclusions that expired either late last year or early this year. The public docket at https://comments.USTR.gov will open Oct. 12, and parties can submit comments until Dec. 1. The agency is asking that commenters not only weigh in on specific products, but also on how long the exclusions should last.
The office of the U.S. Trade Representative plans to restart a Section 301 tariff exclusions process, and has no immediate plans to remove any of the Section 301 tariff targets now that its comprehensive China review is over. However, a government official who spoke on background during an Oct. 3 call with reporters said, "We also want to make sure to align existing tariffs to those [Biden-Harris administration] priorities."
The rollout of the new China trade policy looks a lot like the old China policy, with a new chance at Section 301 exclusions and all the tariffs remaining for now. U.S. Trade Representative Katherine Tai suggested during the speech on the results of the China policy review that she doesn't have much hope for getting more structural reform that the phase one China agreement did not secure.
CBP created Harmonized System Update (HSU) 2109 on Sept. 29, containing 477 Automated Broker Interface records and 99 Harmonized Tariff Schedule records, it said in a CSMS message. The update reflects the extended exclusion from Section 301 tariffs on China of headings that cover goods used in treating COVID-19 (see 2109270044). Those headings -- 9903.88.62, 9903.88.63, 9903.88.64 and 9903.88.65 -- will now expire Nov. 14. CBP also issued a guidance on the subject.
Most trade groups and companies that have filed comments so far on extending Section 301 tariff exclusions on COVID-19 pandemic-related imports from China want those tariffs to continue to be waived. Comments were due Sept. 27. The Office of the U.S. Trade Representative announced Sept. 27 that it will temporarily extend the exclusions to Nov. 14, rather than Sept. 30, so that agency employees can have more time to analyze public comments (see 2109270044).