The Office of the U.S. Trade Representative will begin accepting exclusion requests for the third tranche of Section 301 tariffs through a new portal on June 30 at noon, the agency said in a notice. The exclusion requests will be due through the portal at exclusions.ustr.gov/ by Sept. 30, with responses due 14 days after the request is posted on the portal, USTR said. Exclusions will be effective going back to Sept. 24, 2018, when the tariffs on $200 billion in goods from China were implemented with a 10 percent tariff.
The Office of the U.S. Trade Representative will not automatically renew Section 301 product exclusions, USTR Robert Lighthizer told Rep. Jackie Walorksi during the June 19 House Ways and Means Committee hearing on the administration's trade policy. But Lighthizer told a California Democrat that his office is hiring employers and contractors and borrowing "a bunch of people" from other agencies to work on the flood of product exclusion requests that's expected.
U.S. Trade Representative Robert Lighthizer faced criticism about President Donald Trump's China policy, which both Democrats and Republicans noted is hurting U.S. businesses and, if tariffs come on List 4, will dearly cost U.S. consumers. Lighthizer, who was testifying June 18 at the Senate Finance Committee about the administration's trade policy, said there's been no decision on whether there will be tariffs on another $300 billion in Chinese imports. "The president will make that decision in the next few weeks," he said, and if tariffs are levied, there will be an exclusion process. "We think we have been fair in granting exclusions," he said.
The Office of Management and Budget Office of Information and Regulatory Affairs approved a new information collection requested by the Office of the U.S. Trade Representative in order to begin the exclusion process for goods from China in the third tranche of Section 301 tariffs. OIRA approved the new form on June 14 after USTR sought an "emergency" review that allowed for expedited treatment, according to OIRA's page on the form. USTR requested the new information collection last month and said it planned to begin taking requests by around June 30 (see 1905210048).
CBP created Harmonized System Update (HSU) 1911 on June 11, containing 4 Automated Broker Interface records and 1 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 1906030038). Modifications required by the verification of the 2019 HTS are included as well.
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CBP will add the ability in ACE for importers to file entries with the fifth group of exclusions from the first tranche of Section 301 tariffs on June 11, it said in a CSMS message. Filers of imported products that were granted an exclusion (see 1906030038) should report the regular Chapter 84, 85 or 90 Harmonized Tariff Schedule number, as well as subheading 9903.88.10, 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 9903.88.10 is submitted,” CBP said.
The Office of the U.S. Trade Representative is publishing its latest list of product exclusions from the first tranche of $34 billion in Section 301 tariffs on China (see 1905090067). This fifth list of exclusions includes one full tariff schedule subheading, as well as 88 subsets of tariff numbers in chapters 84, 85 and 90. The new exclusions take effect retroactively from July 6, 2018, when the $34 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 9903.88.10 for the new set of exclusions.
The Office of the U.S. Trade Representative issued a fifth list of product exclusions from Section 301 tariffs on goods from China. Newly exempt from the tariffs is one 10-digit subheading, 8537.10.8000, in its entirety, as well as "88 specially prepared product descriptions." The exclusions cover 464 separate requests, according to the notice, which is scheduled for publication in the June 4 Federal Register. The product exclusions apply retroactively to July 6, 2018, the date the first set of tariffs took effect, and will remain in effect until one year after the notice is published.
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