CBP added on Dec. 19 the ability in ACE for importers to file entries with recently excluded goods in the third tranche of Section 301 tariffs, it said in a CSMS message. Filers of imported products that were granted an exclusion (see 1912130028) should report the regular Chapters 03, 08, 21, 48, 54, 56, 73, 76, 83, 84, 85, 87 and 94, CBP said in the message. “Importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 duties when” subheading 9903.88.36 is submitted, CBP said.
Modems manufactured in China and sent to Canada for programming and other processing are not transformed in Canada and should be considered a product of China, CBP said in a Nov. 26 ruling. The ruling was in response to a request from Electroline Equipment, which asked CBP about NAFTA treatment and the country of origin of the transponders. The transponders are subject to the Section 301 tariffs on goods from China because China is the country of origin, the agency said.
The Customs Rulings Online Search System (CROSS) was updated with 162 rulings on Dec.18. The following headquarters rulings not involving carriers were modified on Dec. 18, according to CBP:
The Office of the U.S. Trade Representative will grant one-year extensions to only six exclusions from the first list of Section 301 tariffs on China that were due to expire Dec. 28, it said in a pre-publication copy of a notice posted to its website. The notice is silent on the other 25 exclusions issued alongside the six that were granted extensions, so those 25 now appear set to expire on Dec. 28.
International Trade Today is providing readers with some of the top stories for Dec.9-13 in case they were missed.
There continues to be “a lot of moving parts” to the Section 301 tariffs on Chinese imports, Costco Chief Financial Officer Richard Galanti said on a fiscal Q1 call on Dec. 12. With the “current news” that the U.S. and China are close to a “Phase One” trade deal, “we will have to wait and see,” he said. U.S. and Chinese negotiators confirmed agreement Dec. 13 on the Phase One deal (see 1912130035) that includes rolling back the List 4A tariffs by half to 7.5 percent and suspending the List 4B duties that were to take effect Dec. 15. The Trump administration said it’s keeping the 25 percent tariffs in place on the first three tranches of goods.
CBP issued the following releases on commercial trade and related matters:
With the announcement of a phase one deal, Flexport chief economist Phil Levy said the promise is for stability in tariff levels -- even if the large majority of goods facing Section 301 tariffs will retain the 25 percent hike. But, he noted in a Dec. 16 webinar, many times over the last eight months, “a deal was announced, and it didn't last. That should sort of serve as a precautionary tale.” Levy, like many observers, doesn't believe that a phase two deal, that could lead to rolling back more tariffs, is likely in the next year.
The Office of the U.S. Trade Representative is making some changes to “certain notes in the Harmonized Tariff Schedule of the United States” related to the second tranche of Section 301 tariffs, it said in a notice. “To correct technical and ministerial errors and in order to conform to the U.S. Trade Representative’s intent to grant certain exclusions, the Annex to this notice includes amendments to certain notes in the HTSUS,” it said.
The Office of the U.S Trade Representative issued some new product exclusions from Section 301 tariffs on the third list of products from China, according to a pre-publication copy of a notice posted to the agency’s website Dec. 12 (see 1912130015). 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 9903.88.36 will be used for these products.