With the publication of the Office of the U.S. Trade Representative’s notice in the July 11 Federal Register on procedures for requesting exclusions from Trade Act Section 301 tariffs on Chinese imports (see 1807100049), docket USTR-2018-0025 for posting such requests became active in the regulations.gov portal. No requests were posted yet as of International Trade Today's deadline. Exclusion requests are due by Oct. 9, and if granted will apply for a year retroactively to July 6, the notice said. Though Oct. 9 is the deadline for the exclusion requests, international trade lawyers at BakerHostetler are advising "clients to file as soon as possible in anticipation of the large administrative backlog that they expect,” the law firm said.
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.
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The Office of the U.S. Trade Representative on July 6 announced procedures for requesting product exclusions from Section 301 tariffs on products from China, on the same day that the 25 percent tariffs took effect (see 1807060012). Exclusion requests will be due by Oct. 9, and if granted will apply retroactively starting from July 6. Exclusions will be made on a “product basis,” so “a particular exclusion will apply to all imports of the product, regardless of whether the importer filed a request,” USTR said.
CBP provided some details on the coming duty collections on Chinese goods covered by the Section 301 tariffs (see 1806150003) in a June 28 CSMS message. "In addition to reporting the Chapters 1-97 HTSUS classification of the imported merchandise, importers shall also report the 9903.88.01 special tariff number for goods subject to the additional duty assessment of 25% ad valorem as a result of the Section 301 trade remedy," CBP said. The tariffs only "apply to products of China, and are based on the country of origin, not country of export." CBP said the additional duties won't apply "to products for which entry is properly claimed under a heading or subheading in Chapter 98," which covers returned U.S. goods.
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Republicans and Democrats on the Senate Finance Committee criticized Commerce Secretary Wilbur Ross on June 20 over the steel and aluminum tariffs and the implementation of granting exclusions for certain imports subject to those tariffs. Democrat Sen. Claire McCaskill, who described a nail maker in her home state of Missouri who is laying off more than half its 500-person workforce as its inputs' cost increases, told him: "it appears to me a chaotic and, frankly, incompetent manner you're picking winners and losers." Only Sen. Sherrod Brown, D-Ohio, asked supportive questions during the hearing on tariffs.
The Office of the U.S. Trade Representative posted information on submitting public comments on the new list of products proposed for Section 301 tariffs. The notice again lists the products from China that will see new tariffs starting July 6 (see 1806150003) but doesn't spell out the process for requesting product exclusions. Those details will come in a separate notice, USTR said. The agency's notice also "creates a new Chapter 99 subheading for entry purposes (entries of articles classified in the tariff subheadings identified in Annex A have to use the new Chapter 99 classification as a secondary classification, so the additional 25% duty can be assessed) and addresses foreign trade zone admissions," Baker & McKenzie lawyer Ted Murphy said said in a June 18 blog post
The reactions from industry and Capitol Hill on the Section 301 tariffs were largely split along lines previously drawn over the Trump administration's general approach to tariffs. House Ways and Means Committee Chairman Kevin Brady, R-Texas, said in a news release that while the changes from the initial list of products from China were "encouraging, " he is "alarmed that additional products are now placed on the list for possible future action." Brady called on the Office of the U.S. Trade Representative to "narrow these tariffs and implement an effective exclusion process that provides relief for American companies, unlike the problematic Commerce 232 exclusion process.”
China will implement retaliatory 25 percent tariffs on 545 tariff lines, largely agricultural and auto targets, but also "aquatic products," on July 6, it said in a statement. Like the U.S., it is saving an additional $16 billion in targets in reserve. For China, those will be chemicals, energy imports and medical equipment. For the U.S., semiconductors, plastics, railcars, tractors, cranes and new industrial machinery lines could be in the second phase. China's tariffs are in response to the Section 301 tariffs on imports into the U.S. set to begin July 6 (see 1806150003)
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