Tag: exclusions

Trump Tariff Exemption: IEEPA and 50 USC 1702(b)(3)

Posted by Jason P. Wapiennik on

There is an exemption to certain tariffs imposed by President Trump under authority of the International Emergency Economic Powers Act.

The law is 50 USC 1702(b), which exempts from duty the following:

information or informational materials, including but not limited to, publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks, and news wire feeds.

These exceptions have found their way into the HTSUS. CBP explains it as follows:

Headings 9903.01.22, 9903.01.12, 9903.01.03, and 9903.01.31 describe informational materials, including but not limited to, publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact discs, CD ROMs, artworks, and news wire feeds.

Goods properly classified under the following headings and subheadings of the HTSUS may qualify for the exception under 9903.01.22, 9903.01.12, 9903.01.03, and 9903.01.31:  Chapter 49; goods provided for in headings 3704, 3705, 3706, 5807, 8310, and 9701 through 9705, inclusive; goods provided for in subheadings 6307.90.30, 6307.90.85, 8523.80.10, 8523.29, 8523.41, 8523.49, 9405.61, and 9405.69.

You can read the FAQ here. That’s all the guidance that exists for what type of goods qualify for this exemption, with sparse instances of how it has been interpreted; for example, in the past, religious texts have been considered to qualify as informational materials when coming from Iran.

To learn if your goods qualify for this exemption, consider hiring us to make a Binding Ruling Request with CBP.

IEEPA Tariff exemption questions?

Do you have questions about IEEPA tariff exemptions? We have answers for you. Great Lakes Customs Law has been advising importers for more than 15 years. Call us at (734) 855-4999 or fill out the form below:

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Last updated: April 19, 2025 at 12:49 pm

 

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

Posted by Jason P. Wapiennik on

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.

Renewed China Tariff/Section 301 Exclusions thru September 2023

Posted by Jason P. Wapiennik on

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.

Renewed China Tariff/Section 301 Exclusions March 2022

Posted by Jason P. Wapiennik on

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?

Posted by Jason P. Wapiennik on

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?

Posted by Jason P. Wapiennik on

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!