The administration rebranded two pending rulemaking processes and revived one that was abandoned in 2021 to address the compliance risks of de minimis shipments as well as shrink the volume of direct-to-consumer imports.
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.
Tariffs on imports from China of electric vehicles, EV batteries, solar cells and wafers, face masks, needles and syringes, critical minerals and steel and aluminum will go up Sept. 27, with more Section 301 tariff hikes planned for Jan. 1, 2025, and Jan. 1, 2026.
Imports from China of electric vehicles, EV batteries, solar cells and wafers, face masks, needles and syringes, critical minerals and steel and aluminum will all be hiked Sept. 27, the Office of the U.S. Trade Representative announced Sept. 13, as part of a longer-term modification of Section 301 duties.
The Coalition for a Prosperous America, which advocates for protecting American manufacturing, said the new Senate Finance Committee bill to restrict de minimis moves "things in the right direction," even more than the bill that passed the House Ways and Means Committee in the spring.
A number of prominent trade groups, along with Winnebago, the motor home and powerboat maker with 6,000 employees, questioned the wisdom of a tariff hike from 7.5% to 25% on lithium-ion batteries outside the electric vehicle sector (Harmonized Tariff Schedule subheading 8507.60.0020).
Trade groups and major companies that make electric cars, light trucks and heavy trucks told the Office of the U.S. Trade Representative that domestic industry is not ready to take over from Chinese suppliers of graphite, artificial graphite and electric vehicle battery cells on the timelines the Section 301 tariff modifications propose.
Solar manufacturers asked for retroactive relief on Section 301 tariffs on manufacturing equipment, buyers and producers disagreed on medical product tariffs and many manufacturers supported the equipment listed, and asked for more equipment or parts for equipment that was not identified by the Office of the U.S. Trade Representative as it recommended a new round of exclusions limited to manufacturing equipment.
CBP created Harmonized System Update (HSU) 2406 on June 12, containing 7 Automated Broker Interface (ABI) records and 2 Harmonized Tariff Schedule records. The update includes an update to the Partner Government Agency (PGA) flag indicator (FD3) for FDA in support of the PGA message set, and it includes new Section 301 exclusions under subheading 9903.88.69 for articles of China that were extended from June 15, 2024, through May 31, 2025.
The following lawsuits were filed at the Court of International Trade during the week of June 3-9:
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