President Donald Trump issued a presidential proclamation Dec. 21 making changes to the tariff schedule that are set to be implemented Jan. 1. Among other changes, the proclamation formally ends African Growth and Opportunity Act benefits for Mauritania (see 1811050019), and amends the tariff schedule to clarify duty-free treatment for certain goods of Nepal under the Trade Facilitation and Trade Enforcement Act of 2015. Other technical and conforming changes are also being made related to the tariff treatment of guayaberas from Panama, the tariff-rate quota on tobacco products, implementation of Section 301 tariffs on China and the Miscellaneous Tariff Bill. The International Trade Commission will now amend the tariff schedule to implement the changes, though the agency is operating in a limited capacity due to the ongoing federal government shutdown.
The first set of products excluded from the initial tranche of Section 301 tariffs (see 1812240010) is hoped to be the beginning of good news from the Office of the U.S. Trade Representative, said David Cohen, a customs lawyer with Sandler Travis. "We hope that this is the first notification of many exclusions to be granted," Cohen said in an email. "Many of the articles subject to the tariff are those which are not related to the stated intent of the Section 301 action which is safeguarding technology and apply, in some cases, to products that utilize decades old commonly available technology. Moreover, the breadth of the coverage unfortunately sweeps in many products that in no way help China achieve her 2025 goals; for example a hand wrench is included. We hope the Administration continues to review the pending petitions and permit many other products to enter the US commerce free from the Section 301 duties."
International Trade Today is providing readers with some of the top stories for Dec. 17-21 in case they were missed.
Christmas lights producers outside China appear to have doubled their volume of exports to the U.S. after the Section 301 tariffs more than doubled the tariffs on Chinese lights, according to the Coalition for GSP. The group decided to look at Christmas lights because nearly all of the imports happen from August through October, so the impact of the tariff jump on Chinese lights from 8 percent to 18 percent on Sept. 24 would show up immediately.
China’s foreign ministry said the U.S. must withdraw allegations against two state-linked Chinese hackers charged Dec. 20 with intellectual-property cybercrimes or risk endangering U.S.-China trade negotiations aimed at averting a March 2 increase in Section 301 tariffs on Chinese imports. China urges the U.S. “to immediately correct its wrongdoings, stop defaming and discrediting China on the cybersecurity issue, and withdraw its so-called charges against the Chinese nationals so as to avoid seriously damaging bilateral relations and bilateral cooperation in relevant fields,” said a spokesperson Dec. 21. In charging the two Chinese nationals with cybertheft, the U.S. “fabricated stories out of nothing and made unwarranted accusations against China on the cybersecurity issue,” she said. China “has been firmly opposing and cracking down on all forms of cyber espionage. The Chinese government has never participated in or supported others in stealing commercial secrets in any form.”
The U.S Trade Representative issued its first list of product exclusions from Section 301 tariffs on products from China, granting full or partial exemptions for 22 10-digit tariff subheadings, according to a pre-publication copy of a notice posted to the agency’s website Dec. 21. The product exclusions apply retroactively as of July 6, 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 issued the following releases on commercial trade and related matters:
Although PricewaterhouseCoopers expects trade will not return to normal with China for more than three years, experts on a Dec. 20 webcast said clients are mitigating increased tariffs through a variety of strategies, including lowering customs value, bonded warehouse use, modifying tariff codes and negotiating with suppliers or customers. "Probably 20 percent can be mitigated without making any changes to the supply chain," said Scott McCandless, a trade policy specialist for the firm.
CBP issued the following releases on commercial trade and related matters:
The World Trade Organization agreed to form a panel on whether Russian retaliation for U.S. steel and aluminum tariffs is illegal, at the Dec. 18 meeting of the Dispute Settlement Body. A Russian official said its delegation was bewildered to hear the U.S. say that Russia is undermining WTO rules "when it is the U.S. arbitrarily imposing additional duties on steel and aluminium and using them as a squeezer in order to allow the US, with different degrees of success, to get trade concessions from certain members," a summary of the meeting said. According to a Geneva trade official, there now have been five panels formed on retaliatory tariffs responding to the Section 232 tariffs. At the same meeting, the U.S. blocked a first request by China to form a panel to judge whether U.S. tariffs on Chinese goods under Section 301 are legal. Its delegation said that the two parties are in negotiations, and that's the right place to settle the conflict, not the WTO. The panel will automatically be authorized at next month's Dispute Settlement Body meeting. China said U.S. tariffs are damaging the global economy and damaging global industrial supply chains.