The Office of the U.S. Trade Representative issued its first set of product exclusions from the third group of Section 301 tariffs on goods from China. The new exclusions from the tariffs include "10 specially prepared product descriptions" and cover 15 separate requests, according to the notice. The product exclusions apply retroactively to Sept. 24, 2018, the date the third set of tariffs took effect at 10 percent. The tariffs were subsequently increased to 25 percent. The exclusions will remain in effect until one year after the notice is published.
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.
CBP added the ability in ACE for importers to file entries with the first group of excluded goods from the second tranche of Section 301 tariffs on Aug. 1, it said in a CSMS message. Filers of imported products that were granted an exclusion (see 1907290023) should report the regular Chapters 39, 84, 85, 86, 87 and 90 Harmonized Tariff Schedule number, as well as subheading 9903.88.12, for products subject to Section 301 duties on products from China but that have been granted an exclusion by the Office of the U.S. Trade Representative. “Importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.12 is submitted,” CBP said.
President Donald Trump, angry that China neither stopped the flow of fentanyl nor returned to buying U.S. soybeans, announced on Twitter Aug. 1 that tariffs on nearly 3,800 8-digit tariff lines will begin Sept. 1. Just like with List 3, the tariffs will start at 10 percent.
U.S. Trade Representative Robert Lighthizer said there's no need for more money for Section 301 exclusion adjudicators, but will assess whether additional funding is necessary as the process continues. He also said "USTR is reviewing various courses of action with respect to whether and how to renew the exclusions granted for Lists 1 and 2" in a newly released written response to one of the chairman's questions stemming from his testimony in June before the Senate Finance Committee.
The Office of the U.S. Trade Representative issued its first set of product exclusions from the second group of Section 301 tariffs on goods from China. Newly exempt from the tariffs are "69 specially prepared product descriptions." The exclusions cover 292 separate requests, according to the notice. The product exclusions apply retroactively to Aug. 23, 2018, the date the second set of tariffs took effect, and will remain in effect until one year after the notice is published.
The Office of the U.S. Trade Representative is publishing its first list of product exclusions from the second tranche of $16 billion in Section 301 tariffs on China (see 1808150016). This list of exclusions includes 69 subsets of tariff numbers in chapters 39, 84, 85, 86, 87 and 90. The new exclusions take effect retroactively from Aug. 23, 2018, when the $16 billion in tariffs originally entered into force, and will remain for one year following publication of USTR’s notice. USTR is creating Harmonized Tariff Schedule subheading 9903.88.12 for the new set of exclusions.
President Donald Trump appeared to put the kibosh on Apple’s requests for List 3 Section 301 tariff exclusions on Chinese imports of graphics processing modules, power supplies, heat sinks and a dozen other types of components for the Mac Pro desktop due this fall. Tweeted Trump on July 26: “Apple will not be given Tariff waiver, or relief, for Mac Pro parts that are made in China. Make them in the USA, no Tariffs!” There are “no other sources” outside China “for this proprietary, Apple-designed component,” Apple said in each of the 15 product exclusion requests it filed July 18, as searchable on the Office of the U.S. Trade Representative public docket. “This product is a component of a consumer electronic device,” Apple said. “It is not strategically important or related to ‘Made in China 2025' or other Chinese industrial programs.” Public responses in support or opposition to the exclusion requests are due Aug. 1, and Apple had few backers among those who weighed in with an opinion as of July 26. “The USTR should not set a harmful precedent of exempting companies from tariffs that move jobs to an overt adversary of the United States,” commented Gregory Lewandowski on Apple’s request for tariff exclusions on Mac Pro graphics processing modules. “This is absolute garbage,” commented Logan Marotz. “We cannot continue to bend to the will of these companies. They knew the possible consequences of their actions by moving their assembly factories over seas. Tough luck, but this is the game they play.” Apple didn’t comment, nor did USTR.
CBP created Harmonized System Update (HSU) 1913 on July 21, containing 113 Automated Broker Interface records and 23 Harmonized Tariff Schedule record, it said in a CSMS message. The update includes adjustments required by the Office of the U.S. Trade Representative's announcement of new exemptions from Section 301 tariffs on China (see 1907080008). Modifications required by the verification of the 2019 HTS are included as well.
International Trade Today is providing readers with some of the top stories for July 8-12 in case they were missed.
CBP will add the ability in ACE for importers to file entries with the sixth group of exclusions from the first tranche of Section 301 tariffs on July 11, it said in a CSMS message. Filers of imported products that were granted an exclusion (see 1907080023) should report the regular Chapter 84, 85 or 90 Harmonized Tariff Schedule number, as well as subheading 9903.88.11, for products subject to Section 301 duties on products from China but that have been granted an exclusion by the Office of the U.S. Trade Representative. “Importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.11 is submitted,” CBP said.