The Southern Shrimp Alliance welcomes the hike to 25 percent on List 3 of the Section 301 tariffs, because, it notes, the 10 percent tariff only reduced imports of frozen breaded shrimp by 22 percent. The alliance said that there was $115 million worth of Chinese breaded shrimp imported in the U.S. from October to February, and that's virtually the same volume of imports as in 2017. Nearly all other frozen shrimp is subject to substantial antidumping duties, the alliance said. But breaded shrimp "is not subject to antidumping dutiesand prior to September 24th, importers paid no duties on any breaded shrimp shipped from China."
The National Council of Textile Organizations complained that finished Chinese textile home furnishings and apparel don't face Section 301 tariffs yet, while immediate inputs for U.S. mills, such as yarn and fabrics, will be taxed at 25 percent. “Chinese imports of finished goods into the U.S. market have the most significant impact on domestic textile and apparel production, investment and jobs. In order to address the crisis, we need to get to the very heart of the problem," NCTO CEO Kim Glas said. The group said that 93.5 percent of Chinese textile exports to the U.S. are consumer goods, not inputs.
Importers have some options to preserve refunds on entries subject to Section 232 or Section 301 tariffs while awaiting a decision on exclusion requests, a CBP official said during a May 9 conference call. An importer can request an extension to the liquidation, the official said. Importers also can file a protest after liquidation and "provide information that the exclusion has been applied for but not granted," the official said. If a protest period expires after liquidation and an exclusion is granted, "CBP does not have any legal mechanisms to provide refunds of duties after the protest period closes," he said. CBP recommends "that importers pay close attention to the liquidation dates" for entries that are subject to the tariffs but could receive an exclusion, the official 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 fourth list of exclusions includes full tariff schedule subheadings, as well as 35 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.
In a tweetstorm, President Donald Trump said trade talks with China are continuing in a "very congenial manner," but that there is "absolutely no need to rush" because with the tariff revenue, the U.S. can pay for infrastructure and health care, and purchase U.S. farm products that were once bought by China. He said those purchases would be shipped to "poor & starving countries in the form of humanitarian assistance. In the meantime we will continue to negotiate with China in the hopes that they do not again try to redo deal!"
Importers with goods exported to the U.S. prior to May 10 will be able to avoid the increased Section 301 duties on goods from China as long as the merchandise is entered before June 1, CBP said in an updated CSMS message. "Such products remain subject to the additional duty of 10 percent for a transitional period of time before June 1, 2019," said the U.S. Trade Representative in a notice. "The covered products of China that are entered into the United States on or after June 1, 2019, are subject to the 25 percent rate of additional duty.
Some firms have moved contract production out of China, even though the items they import were only subject to a 10 percent tariff, according to Meredith DeMent, a senior associate in the international commercial practice at Baker McKenzie. DeMent said she personally has seen more than 10 companies move at least some production to other countries. But, she said, many were thinking that their goods might return to Most Favored Nation tariff levels soon, because news reports suggested the U.S. and China were headed toward a deal that would at least have "a phased scaling back of the tariffs."
The Office of the U.S. Trade Representative issued a fourth list of product exclusions from Section 301 tariffs on goods from China. The exclusions cover "515 separate exclusion requests" including five 10-digit subheadings that cover 86 separate requests and "35 specially prepared product descriptions" that cover 429 separate requests, according to a pre-publication copy of a notice posted to the agency’s website May 9. 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 USTR publishes the notice in the Federal Register.
CBP provided some details in a May 9 CSMS message on how importers should file entries that will be subject to the increased Section 301 duties on goods from China. The CSMS message confirms that the increased duties will only apply to goods exported and entered after May 10 (see 1905080035). During a call with software developers the same day, CBP officials explained that several pieces are still being worked out, including the addition of a tariff subheading for goods exported before May 10 and entered after the tariffs take effect.
The Office of the U.S. Trade Representative is set to publish on May 9 a notice on the increase in Section 301 tariffs for the third tranche of goods from China. The tariffs will go from 10 percent to 25 percent for the third list of goods from China at 12:01 a.m. on May 10, the USTR said. That increase was previously delayed while negotiations with China were underway. China's Vice Premier Liu He will be in Washington for further discussions this week "to make a deal," President Donald Trump said in a May 8 tweet.