The Office of the U.S. Trade Representative is requesting comments on whether the set of tariff exclusions on Chinese imports on Section 301 List 1 that are set to expire July 9 (see 1907080023) should last another year, it said in a notice. The agency will start accepting comments on the extensions on May 1. The comments are due by June 1, it said. Each exclusion will be evaluated independently. The focus of the evaluation will be whether, despite the first imposition of these additional duties in July 2018, the particular product remains available only from China. The companies are required to post a public rationale.
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.
The Office of the U.S. Trade Representative granted iRobot an exclusion to the List 3 Section 301 tariffs on the robotic vacuum cleaners it imports from China under Harmonized Tariff Schedule subheading 8508.11.00.00. iRobot applied for the exemption July 1 and based its argument partly on plans to shift production to Malaysia from China. It began producing entry-level vacuums in Malaysia in November, and said it will source additional models there later in 2020. The exclusion is retroactive to Sept. 24, 2018, when the List 3 tariffs took effect at 10%, and is valid through Aug. 7, 2020. The Trump administration hiked List 3 tariffs to 25% on March 2, 2019. iRobot’s was one of 107 exemptions granted for “specially prepared product descriptions” covering 157 “separate exclusion requests,” USTR said (see 2004230010). iRobot is “pleased that the USTR determined that our rationale for an exclusion was appropriate, particularly in light of the tangible steps we have taken to establish our manufacturing activities in Malaysia,” CEO Colin Angle said in an email. “As the largest American pure-play robotics company, with over 800 U.S.-based employees and roughly half of our revenue generated domestically, we believe that an exclusion not only further supports iRobot's ability to maintain its technological and category leadership but it also helps ensure that robotics is an industry in which the U.S. continues to lead the world.”
The Office of the U.S Trade Representative plans to issue some new product exclusions from Section 301 tariffs on the third list of products from China (see 2004230003), it said in a notice. The product exclusions apply retroactively to Sept. 24, 2018, the date the tariffs on the third list took effect, and will remain in effect until Aug. 7, 2020. New subheading 9903.88.45 will be used for these excluded products.
The Office of the U.S. Trade Representative issued a new group of product exclusions from the third group of Section 301 tariffs on goods from China. The new exclusions from the tariffs include "one 10-digit HTSUS subheading, which covers 20 separate exclusion requests, and 107 specially prepared product descriptions, which cover 157 separate exclusion requests," according to the notice. The product exclusions apply retroactively to Sept. 24, 2018, the date the third set of tariffs took effect. The exclusions will remain in effect until Aug. 7, 2020.
The International Trade Commission recently issued two revisions to the Harmonized Tariff Schedule, largely to implement changes that had been previously announced to exclusions from Section 301 tariffs on goods from China and changes to tariffs on goods from the European Union imposed as part of the large civil aircraft dispute. Both revisions were issued by the ITC in March.
The following lawsuits were filed at the Court of International Trade during the week of April 6-12:
A recent Congressional Research Service report suggests that the U.S. may want to use safeguards deal with China's export-dominated strategy to rebuild its economy after the shutdowns needed to fight the coronavirus disease COVID-19. “Congress may want to carefully monitor or consider whether to impose requirements about potential predatory commercial activity in the United States,” the report said. “The potential for China to overwhelm global markets as it leans on exports for economic recovery,” the authors said, may mean that safeguards would be better than “waiting until market injury has already occurred to seek damages.”
The Office of the U.S. Trade Representative will grant one-year extensions to eight exclusions from the first list of Section 301 tariffs on China that were due to expire April 18, it said in a pre-publication copy of a notice posted to its website. The exclusions that weren't extended will expire April 18.
The recently announced exclusions from the Section 301 tariffs on the third list of products from China (see 2003230043) seem to be unintentionally limited by the statutory liquidation timelines, lawyer Chris Kane said in a March 31 LinkedIn post. While the notice allows for retroactive applicability to Sept. 18, 2018, when those tariffs took effect, it's not clear that importers have any way to be fully refunded for that period, he said. The Office of the U.S. Trade Representative published the official notice with numerous tranche three exclusions on March 26 (see 2003230043).
General Motors, noting that its financial resources are strained with a shutdown of vehicle manufacturing, asked the U.S. trade representative last week to lift Section 301 tariffs on eight components it will be importing from China to make ventilators in Kokomo, Indiana. The letter was posted at regulations.gov on April 2.