Category: 232 and 301 Tariffs

President Trump signs proclamation imposing tariffs on imported steel and aluminum

Section 232 Steel and Aluminum Tariffs (2025)

On February 10, 2025, President Trump signed the the following proclamations (executive orders) increasing Section 232 steel and aluminum tariffs:

  • Aluminum Imports Into U.S.; Adjustments (Proc. 10895), 9805–9816 [2025–02832] [TEXT] [PDF]
  • Steel Imports Into U.S.; Adjustments (Proc. 10896), 9817–9830 [2025–02833] [TEXT] [PDF]

This proclamations builds on — or amends and replaces – the 2018 orders and places 25% tariffs on steel and aluminum articles and certain derivatives.

UPDATE

On March 3, the Industry and Security Bureau (BIS) published the following details, which amend the HTSUS and provide instructions for tariffs on derivatives:

For aluminum:

Implementation of Duties on Aluminum Pursuant to Proclamation 10895 Adjusting Imports of Aluminum into the United States

For steel:

Implementation of Duties on Steel Pursuant to Proclamation 10896 Adjusting Imports of Steel into the United States

Here are some highlights:

  • Changes take effect March 12, 2025
  • Raises aluminum tariff from 10% to 25%
  • The exclusion portal is closing and no new exclusions will be entertained
  • General exclusions are revoked
  • Specific exclusions will be allowed to expire and but cannot be renewed
  • New tariffs can be avoided if the articles or derivatives are made from steel “melted and poured” and aluminum “smelted and cast” in the United States
  • Steel and aluminum derivatives outside of those in Chapter 76 and 73 of the HTSUS will have the value of their steel or aluminum content subject to these tariffs
  • Eliminates country-based exceptions and differences for steel imports
  • Increases enforcement and scrutiny of aluminum and steel imports by CBP, attempts to eliminate mitigation of maximum assessed penalties
  • Additional steel or aluminum derivatives can be added to the list by request of a producer or industry association, after approval from Commerce
  • No mitigation on CBP penalties for misclassification

 

New Section 301 (China) Tariff Rates and Exclusions Request for Comments

The United States Trade Representative (USTR) made public a “Request for Comments” after the report on the 4-year review of the Section 301 China Tariffs (see that story here).

The comment period, open to the participation of interested parties, will run from May 29, 204 to June 28, 2024. Comments must be submitted through the USTR comment portal. Comments can be submitted concerning:

  1. Adding or increasing section 301 duty rates
  2. Subheadings eligible for an temporary duty-exclusion process for “particular machinery used in domestic manufacturing” classified within certain subheading under Chapter 84 and 85 of the HTSUS
  3. 19 potential exclusions for “certain solar manufacturing equipment” (effectively immediately and to expire on May 31, 2025).

The notice details the proposed changes as follows:

Consistent with the President’s direction to increase section 301 tariff rates on certain categories of products, included in Annex A to this notice are 382 HTSUS subheadings and 5 statistical reporting numbers of the HTSUS, with an approximate annual trade value of $18 billion (2023). The President has directed that increases for certain products take effect in 2024, 2025, and 2026. The Trade Representative is proposing that increases in 2024 be effective August 1, 2024, and that increases in 2025 and 2026 be effective January 1 of the corresponding year.

There’s a lot more detail in the full notice which is available here. Contact Great Lakes Customs Law at 734-855-4990 via the contact page for assistance.

Section 301 Duties to Increase from 2024 to 2026

UPDATE 9/13/24: Notice of Modification of Actions, certain tariffs set to increase on September 27, 2024, with other increases to following on January 1, 2025 and January 1, 2026.

UPDATE 5/22/24: Details about affected HTS subheadings and the comment period are contained in a new notice from the USTR: Request for Comments on Proposed Modifications and Machinery Exclusion Process in Four-Year Review of Actions Taken in the Section 301 Investigation: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation

[original story from 5/14/22 continues]

The USTR has published a report (linked here) on the 4-year review of the Section 301 duties imposed on Chinese-origin goods and as a result, additional increases are coming to the Section 301, as follows:

Battery parts (non-lithium-ion batteries) Increase rate to 25% in 2024
Electric vehicles Increase rate to 100% in 2024
Facemasks Increase rate to 25% in 2024
Lithium-ion electrical vehicle batteries Increase rate to 25% in 2024
Lithium-ion non-electrical vehicle batteries Increase rate to 25% in 2026
Medical gloves Increase rate to 25% in 2026
Natural graphite Increase rate to 25% in 2026
Other critical minerals Increase rate to 25% in 2024
Permanent magnets Increase rate to 25% in 2026
Semiconductors Increase rate to 50% in 2025
Ship to shore cranes Increase rate to 25% in 2024
Solar cells (whether or not assembled into modules) Increase rate to 50% in 2024
Steel and aluminum products Increase rate to 25% in 2024
Syringes and needles Increase rate to 50% in 2024

An exclusion process will be established for machinery used in domestic manufacturing, including certain solar manufacturing equipment.

More information is available in the press release at the USTR website.

Renewed China Tariff/Section 301 Exclusions thru September 2023

Section 301 Exclusions

The U.S. Trade Representative (USTR) announced announced it has extended exclusions which were set to expire on December 31, 2022 through September 30, 2023. This extension applies to 352 exclusions. This was previously referenced on a blog post here: Renewed China Tariff/Section 301 Exclusions March 2022.

The reinstated exclusions are available for any product that meets the description in the product exclusion set out in the digit Harmonized Tariff Schedule of the United States (HTSUS) subheadings and product descriptions in the Annex to the Federal Register notice.

We File Protests for Section 301 Duty Refunds

If you need to file protests to get refunds of Section 301 duties, Great Lakes Customs Law can help. We’ve filed protests thousands of entries over the years, and have been successful in getting our clients refunds for Section 301 duties through protest exclusions. We are happy to discuss your needs, the level of organization required to successfully obtain refunds, and provide some transparent pricing for our services. Please contact us to speak to Jason Wapiennik, customs attorney.

USTR Conducts 4-Year Review of China Tariffs (Section 301)

The USTR is conducting a 4 year review of the Section 301 action which added additional duties to goods originating from China, and they want to hear your comments if you want the tariffs continued (if you don’t want them continued, they will be a comment opportunity in the future). The following appeared in the Federal Register, detailing what is happening and what they are looking for in comments:

The first step in the four-year review process is notifying representatives of domestic industries which benefit from the trade actions, as modified, of the possible termination of the actions, and of the opportunity for these representatives to request continuation of the actions. Requests for continuation must be received in the 60-day window prior to the four-year anniversary of the respective action: Between May 7, 2022, and July 5, 2022, for the July 6, 2018 action, and between June 24, 2022, and August 22, 2022, for the August 23, 2018, action. The Office of the United States Trade Representative (USTR) is opening dockets in these two time windows for representatives of domestic industries which benefit from the trade actions to request continuation of the corresponding trade actions, as
modified. If the actions continue as a result of one or more requests from representatives of domestic industries which benefit from the trade actions, USTR will proceed with the next phase of the review. The second phase of the review will be announced in one or more subsequent notices, and will provide opportunities for public comments from all interested parties.

The full release, including details and submission guidelines, is available from the Federal Register notice.

Want to discuss filing Section 301 comments?

If you want to discuss a Section 301 tariffs and commenting on their benefit or harm? Give us a call at 734-855-4999 or use the contact forms.

Renewed China Tariff/Section 301 Exclusions March 2022

The U.S. Trade Representative (USTR) announced reinstated product exclusions that are valid for entries liquidated from October 12, 2021 and will continue to be excluded through December 31, 2022.

The reinstated exclusions are available for any product that meets the description in the product exclusion set out in the digit Harmonized Tariff Schedule of the United States (HTSUS) subheadings and product descriptions in the Annex to the Federal Register notice, set to be published on March 28, 2022, but available at this link (see pages 3 through 26).

I expect that the USTR will make new opportunities for new exclusions requests to be filed in the lead-up to the November midterm elections.

We File Protests for Section 301 Duty Refunds

If you need to file protests to get refunds of Section 301 duties, Great Lakes Customs Law can help. We’ve filed protests thousands of entries over the years, and have been successful in getting our clients refunds for Section 301 duties through protest exclusions. We are happy to discuss your needs, the level of organization required to successfully obtain refunds, and provide some transparent pricing for our services. Please contact us to speak to Jason Wapiennik, customs attorney.

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: