The latest batch of Section 301 exclusions (see 1903200067) only cover three 10-digit-level products in whole, while another 30 products are subsets of 10-digit Harmonized Tariff Schedule codes.
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With the second round of announcements on Section 301 exclusions (see 1903010029), trade professionals are trying to find patterns of what is granted -- so far, 985 requests -- and what has been denied -- a little over 4,500. About 3,300 requests on hundreds of tariff lines have been tentatively approved by USTR, if CBP says the exclusions are administrable. Nicole Bivens Collinson, who leads the international trade and government relations practice at Sandler Travis, said that if all of those were to go through, about 45 percent of all requests would have been approved.
Just over 4,500 Section 301 exclusion requests have been denied by the Office of the U.S. Trade Representative, according to an update published late Feb. 28. There have been 985 exclusion requests granted, covering 21 tariff lines. The largest number of the granted requests were for plastic injection molds, three types of radial bearings, linear-acting hydraulic motors and water coolers. This is much larger than the last update, published Dec. 21, 2018, when fewer than 25 had been granted (see 1812240010).
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The ongoing partial federal government shutdown is causing some confusion for the trade community on tariff classification. CBP’s last tariff update in the Automated Broker Interface came on Dec. 19 (see 1812190004), but the International Trade Commission has not yet issued its annual update to the online Harmonized Tariff Schedule (see 1901020021). Further complicating matters, a presidential proclamation making more changes to the HTS is now set for publication on Jan. 7 (see 1812270038).
Even though only 21 percent of the nearly 10,800 Section 301 exclusion requests have been adjudicated, Miller & Chevalier is drawing some qualified conclusions about what worked. The Office of the U.S. Trade Representative approved exclusions to the 25 percent tariff on 984 products from the initial $34 billion in Chinese imports targeted (see 1812240010). The two most important factors, the law firm said in an analysis published Jan. 2, are specificity around why the import could not be sourced outside China and concrete explanations on how the additional duties would hurt the requester.
The Senate unanimously confirmed Gil Kerlikowske as CBP commissioner by voice vote on March 6, in a move that ensures a Senate-confirmed commissioner will lead CBP for the first time in nearly five years. Department of Homeland Security Secretary Jeh Johnson, along with some industry leaders, praised the confirmation.