Category: 232 and 301 Tariffs

Section 301 Exclusion Extensions. Maybe?

The USTR is considering re-opening product exclusions for the 549 exclusions, which mostly expired by December 31, 2020. Comments are due by December 1, 2021.

Details are in the Federal Register notice. This is different from re-opening exclusion requests entirely, but there is some overlap. More information is available on the USTR website (Reinstatement of Certain Exclusions Previously Extended), including a form with the required information.

Have questions about Section 301 Exclusion Extensions?

If you have questions about the USTR’s renewed interest in exclusions and exclusion extensions for Section 30 one duties from China, contact Great Lakes Customs Law today!

Section 301 Exclusion Extensions. Maybe?

The USTR is considering re-opening product exclusions for the 549 exclusions, which mostly expired by December 31, 2020. Comments are due by December 1, 2021.

Details are in the Federal Register notice. This is different from re-opening exclusion requests entirely, but there is some overlap. More information is available on the USTR website (Reinstatement of Certain Exclusions Previously Extended), including a form with the required information.

Have questions about Section 301 Exclusion Extensions?

If you have questions about the USTR’s renewed interest in exclusions and exclusion extensions for Section 30 one duties from China, contact Great Lakes Customs Law today!

Section 301 China Tariff Exclusions (October 2021)

The current U.S. Trade Representative, Katherine Tai, is expected to publicly announce a new Section 301 exclusion process that would allow companies to request that certain products be exempt from Section 301 China tariffs. Details will be made available on our website once an official announcement and more details are made available. Here is Ambassador Tai’s presentation where she laid out her thinking on the status of U.S.-China trade:

 

President Trump signs proclamation imposing tariffs on imported steel and aluminum

Exclusion requests for Sec 232 and 301 tariffs

Section 232 Tariffs: Steel, Aluminum, China

President Trump has announced new tariffs this year imposed on imports from various countries under two bases; first, he imposed a 25% steel tariff and 10% aluminum tariff under section 232 of the Trade Expansion Act of 1962. This section allows the President to impose tariffs for national security reasons. We have a more extensive analysis at our page Steel & Aluminum Tariff Exclusions (Section 232)

Second, President Trump announced Section 301 tariffs against China ranging from 10% to 25%. We have a more extensive analysis at our page Section 301 Tariff Exclusions (China).

To date, the fact that these tariffs might only end-up hurting domestic industries is getting a lot of attention (there is a lot of tariff activity). There seems to be little awareness or recognition — both amongst importers and the news community as a whole — that there is very large loophole in both new tariffs: exclusions.

Exclusion Requests

The section 232 tariffs on steel and aluminum permit importers to request exclusions from certain products, on certain grounds. Initially, the official announcements and proclamations seemed to only permit exclusion requests on national security grounds, however, once the exclusion request form (steel) was published it seemed to permit exclusion requests to be filed for basically any reason (including insufficient U.S. availability, No U.S. Production, and “Other”).

Importers may be in a panic about the new tariffs; they should not. They should calmly consider requesting exclusions for the products so that the new tariffs will not apply to them, and they will not be required to pay the extra duties. Although the exclusion process can be done by anyone, as always, hiring an experienced attorney to advocate for the exclusion of the particular products will help to ensure the best result possible.

Want to discuss a possible section 232 exclusion?

If you’re interested in applying for an exclusion for section 232 or 301 tariffs, you can give us a call or complete the contact form below.

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