Imports at major U.S. retail container ports slowed in September from their “pre-holiday peak,” but stayed at “unusually high levels” as retailers continue bringing in merchandise before the Section 301 tariffs increase to 25 percent in January, the National Retail Federation said on Nov. 9. Retailers know that tariffs “are set to more than double in just a few weeks,” NRF said. “If there are shipments that can be moved up, it makes sense to do that before the price goes up.” Imports customarily drop off “significantly by this time of year, but we’re still seeing numbers that could have set records in the past,” NRF said. U.S. retail ports handled 1.87 million 20-foot containers or their equivalents in September, down 1.3 percent sequentially from August, but up 4.6 percent year-over-year, it said.
It’s “not resolved” whether the Consumer Technology Association will file a lawsuit blocking the Section 301 tariffs on Chinese imports before they rise to 25 percent, as scheduled for Jan. 1, CTA President Gary Shapiro said at a CTA event Nov. 8. CTA hired Akin Gump to draft a court complaint to block the tariffs and is shopping the draft around to other trade groups seeking their legal and financial support (see 1810290020).
Lipstick packaged in China from U.S. origin lipstick mass is not subject to Section 301 tariffs because its country of origin remains the U.S., CBP said in a Nov. 2 ruling. The lipstick, which is shipped from the U.S. to China before being poured into Chinese-made lipstick tubes and caps, does not undergo a substantial transformation that causes its country of origin to be China for the purposes of the additional duties, CBP said in NY 301371.
NEW YORK -- Clients are asking "how can I make a bad situation better," said Mary Jo Muoio, senior vice president for trade services for Geodis, a customs broker firm. Muoio, who was speaking on a panel on "Tackling the Trade War: Solutions for Companies Across the Supply Chain" at the Apparel Importers Trade and Transportation Conference, said some of those client questions and plans are not sophisticated. She quoted one client who asked: "If I send it to Taiwan and label it Taiwan, does it get me out of the 301?" She quipped, "Well, it gets you in jail."
NEW YORK -- The assistant U.S. trade representative for textiles acknowledged there are changes to NAFTA "you may not like," before he pitched changes to the pact that could be beneficial for the garment industry. Bill Jackson, who noted that textiles is the only sector to have a dedicated office at USTR, was speaking Nov. 7 at the Apparel Importers Trade and Transportation Conference. United States Fashion Industry Association President Julia Hughes, who was interviewing Jackson, agreed that the rewrite is "a mixed bag" for her industry.
NEW YORK -- The Section 301 tariffs largely have spared apparel, but U.S.-China Business Council Vice President Erin Ennis told industry representatives that tariffs on all remaining Chinese goods could follow. "You should hope for the best, but, as businesses, you should be planning for the worst on that front," she said. "We're not at the end of this yet." Ennis was speaking at the Apparel Importers Trade and Transportation Conference Nov. 7.
A first group of CBP information requests related to imports covered by the Section 301 tariffs on goods from China is expected to go out in the next couple weeks, Baker & McKenzie lawyer Ted Murphy said in a Nov. 6 blog post. CBP has said it plans to initially focus on imported electronics and will be adding new auditors to its field offices (see 1810230022). "Our contacts in Regulatory Audit have informed us that, as part of this effort, a first 'wave' of CF-28s (Requests for Information) since the imposition of the Section 301 duties will be issued in 2-4 weeks," Murphy said.
The Office of the U.S. Trade Representative has made its way through 7,818 requests for exclusions from the first tranche of Section 301 tariffs, and has asked CBP to determine if it is practical to admit the products at the border that are covered by 238 requests. Many of the requests that are in this provisional status cover the same HTS codes. The agency is tracking where requests are in the process through spreadsheets on its website, and marks those that are worthy of an exclusion as "stage 3." But those exclusions are provisional until the customs authority says they're administrable.
China and trade war watchers were aflutter after President Donald Trump and Chinese President Xi Jinping had a phone call Nov. 1 and both sides sounded upbeat. Trump tweeted that it was "a long and very good conversation," mostly about trade, and that "those discussions are moving along nicely." In China, the readout from Xinhua emphasized how seriously the U.S. it taking its preparation for the in-person meeting later this month in Argentina, and said that Trump said, "it is very important for the heads of state of the United States and China to keep frequent, direct communication.... Trump also said he attaches importance to a good relationship with Xi and is willing to extend, through Xi, his good wishes to the Chinese people."
The International Trade Commission issued Revision 14 to the 2018 Harmonized Tariff Schedule, implementing the removal of Generalized System of Preferences benefits for a lengthy list of products from certain countries as a result of the 2017-18 GSP review (see 1810300031). Changes include the replacement of special program indicator “A” with “A*” -- indicating GSP eligibility only when imported from certain countries -- for subheadings that are now GSP-ineligible when imported from countries that exceeded annual import limits. These ineligible country-product pairs are added to the burgeoning General Note 4(d) of the tariff schedule, which is now over twice as long as it was in previous years’ tariff schedules.