CBP created Harmonized System Update (HSU) 1911 on June 11, containing 4 Automated Broker Interface records and 1 Harmonized Tariff Schedule record, it said in a CSMS message. The update includes adjustments required by the Office of the U.S. Trade Representative's announcement of new exemptions from Section 301 tariffs on China (see 1906030038). Modifications required by the verification of the 2019 HTS are included as well.
Section 301 Tariffs
Section 301 Tariffs are levied under the Trade Act of 1974 which grants the Office of the United States Trade Representative (USTR) authority to investigate and take action to protect U.S. rights from trade agreements and respond to foreign trade practices. Section 301 of the Trade Act of 1974 provides statutory means allowing the United States to impose sanctions on foreign countries violating U.S. trade agreements or engaging in acts that are “unjustifiable” or “unreasonable” and burdensome to U.S. commerce. Prior to 1995, the U.S. frequently used Section 301 to eliminate trade barriers and pressure other countries to open markets to U.S. goods.
The founding of the World Trade Organization in 1995 created an enforceable dispute settlement mechanism, reducing U.S. use of Section 301. The Trump Administration began using Section 301 in 2018 to unilaterally enforce tariffs on countries and industries it deemed unfair to U.S. industries. The Trump Administration adopted the policy shift to close what it deemed a persistent "trade gap" between the U.S. and foreign governments that it said disadvantaged U.S. firms. Additionally, it pointed to alleged weaknesses in the WTO trade dispute settlement process to justify many of its tariff actions—particularly against China. The administration also cited failures in previous trade agreements to enhance foreign market access for U.S. firms and workers.
The Trump Administration launched a Section 301 investigation into Chinese trade policies in August 2017. Following the investigation, President Trump ordered the USTR to take five tariff actions between 2018 and 2019. Almost three quarters of U.S. imports from China were subject to Section 301 tariffs, which ranged from 15% to 25%. The U.S. and China engaged in negotiations resulting in the “U.S.-China Phase One Trade Agreement”, signed in January 2020.
The Biden Administration took steps in 2021 to eliminate foreign policies subject to Section 301 investigations. The administration has extended and reinstated many of the tariffs enacted during the Trump administration but is conducting a review of all Section 301 actions against China.
Consumer Technology Association members have identified 139 “line items for technology sector products” they want removed from List 4 of the proposed Section 301 tariffs on Chinese imports, the association said in comments dated June 10 in docket USTR-2019-0004. “The annual import value from China of those items alone totals over $167 billion, over half of the entire value of the products on List 4,” CTA said.
The International Trade Commission issued Revision 7 to the Harmonized Tariff Schedule. The revised tariff schedule now reflects the removal of India from the Generalized System of Preferences program (see 1905310072), with the country removed from lists of GSP beneficiaries in General Note 4, and a bevy of subheadings for India removed from the list of country-product pairs ineligible for GSP because they exceeded Competitive Need Limitations. The new version also ends an exemption for India from Section 201 safeguards on solar cells and washing machines, because India is no longer considered a developing country that qualifies for the exemption. These changes took effect June 5.
International Trade Today is providing readers with some of the top stories for June 3-7 in case they were missed.
CBP will add the ability in ACE for importers to file entries with the fifth group of exclusions from the first tranche of Section 301 tariffs on June 11, it said in a CSMS message. Filers of imported products that were granted an exclusion (see 1906030038) should report the regular Chapter 84, 85 or 90 Harmonized Tariff Schedule number, as well as subheading 9903.88.10, for products subject to Section 301 duties on products from China but that have been granted an exclusion by the Office of the U.S. Trade Representative. “Importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.10 is submitted,” CBP said.
A domestic steel manufacturer filed petitions on June 6 with the Commerce Department and the International Trade Commission requesting new antidumping duty investigations on collated steel staples from South Korea, China and Taiwan, and new countervailing duties on the same product from China. Commerce will now decide whether to begin AD/CVD investigations on collated steel staples that could eventually result in the assessment of AD/CV duties. The petition was filed by Kyocera Senco Industrial Tools, Inc.
The Customs Rulings Online Search System (CROSS) was updated June 6. The most recent ruling is dated June 4. The following headquarters rulings not involving carriers were "modified" on June 6, according to CBP:
Tariffs on Mexican imports would have a profound impact on the U.S. TV business if the Trump administration were to make good on its threat to impose 25 percent duties by Oct. 1 (see 1905310044), suggests our analysis of International Trade Commission import data. ITC statistics show the monetary fallout from 25 percent duties on finished TVs imported from Mexico could possibly exceed that of the threatened 25 percent Section 301 List 4 tariffs on TVs from China, even though China ships many more TVs to the U.S. than Mexico does.
CBP has yet to update ACE to reflect the delayed deadline for the Section 301 tariff increase, the agency said in a May 31 CSMS message. The Office of the U.S. Trade Representative announced on May 31 that the previously planned June 1 tariff increase for affected goods from China would instead go into effect on June 15 (see 1905310070). "Importers entering subject goods on or after June 1, 2019 which were exported before May 10, 2019, and would be affected by this change, should consider waiting to file the entry summary pursuant to the ten day entry summary filing period," the agency said. "This will allow importers to file the appropriate duty rate with the entry summary when CBP updates ACE."
The Office of the U.S. Trade Representative issued a fifth list of product exclusions from Section 301 tariffs on goods from China. Newly exempt from the tariffs is one 10-digit subheading, 8537.10.8000, in its entirety, as well as "88 specially prepared product descriptions." The exclusions cover 464 separate requests, according to the notice, which is scheduled for publication in the June 4 Federal Register. The product exclusions apply retroactively to July 6, 2018, the date the first set of tariffs took effect, and will remain in effect until one year after the notice is published.