Tag: section 301

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!

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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