Backpacks imported from China that faced a 10% tariff, then a 15% tariff, then a 7.5% tariff -- in addition to the standard 17.6% tariff -- can now be excluded from the additional tariff, as long as they are a certain size. Luggage stores that fretted over tariffs that first went up in October 2018 (see 1905090012) say the break won't make a difference now.
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.
International Trade Today is providing readers with some of the top stories for April 27 - May 1 in case they were missed.
The Office of the U.S Trade Representative issued some new product exclusions from Section 301 tariffs on the third list of products from China, according to a pre-publication copy of a notice posted to the agency’s website May 4 (see 2005050002). The product exclusions apply retroactively to Sept. 24, 2018, the date the tariffs on the third list took effect, and will remain in effect until Aug. 7, 2020. New subheading 9903.88.46 will be used for these products.
The Office of the U.S. Trade Representative issued another group of product exclusions from the third group of Section 301 tariffs on goods from China. The new exclusions from the tariffs include "two 10-digit HTSUS subheadings, which cover 15 separate exclusion requests, and 144 specially prepared product descriptions, which cover 170 separate exclusion requests," according to the notice. The product exclusions apply retroactively to Sept. 24, 2018, the date the third set of tariffs took effect. The exclusions will remain in effect until Aug. 7, 2020.
During a Fox News town hall held at the Lincoln Memorial May 3, President Donald Trump was asked if he would hike tariffs on Chinese goods as a punishment for its role in the coronavirus COVID-19 outbreak. “Well, it's the ultimate punishment, I will tell you that,” Trump said. He said he didn't want to say “because, you know, we're all playing a very complicated game of chess or poker. Name whatever you want to name, but it's not checkers -- that, I can tell you. We have a very complicated game going.”
The Office of the U.S. Trade Representative is requesting comments on whether 11 sets of tariff exclusions granted to Chinese imports on Section 301 List 3 that are set to expire Aug. 7, 2020, should last another year, it said in a notice. The exclusions being considered for extensions are all the List 3 exclusions granted through March 26, it said. The agency will start accepting comments on the extensions on May 1. The comments are due by June 8, it said. Each exclusion will be evaluated independently. The focus of the evaluation will be whether, despite the first imposition of these additional duties in September 2018, the particular product remains available only from China. The companies are required to post a public rationale.
iRobot expects about $57 million in refunds of the List 3 Section 301 tariffs it has paid since the duties took effect in September 2018, including $6.6 million paid in Q1, Chief Financial Officer Alison Dean said on an April 29 Q1 investor call. The Office of the U.S. Trade Representative granted iRobot a tariff exclusion last week on the robotic vacuums it imports from China (see 2004240031). The refunds are expected in several installments this year, Dean said. The exclusion expires Aug. 7.
Increased CBP scrutiny on valuation, changes in tariff classification, and country of origin for products targeted in the U.S.-China trade war means companies need to be extra careful when doing tariff engineering or shifts in assembly locations, Sandler Travis lawyer Paula Connelly said, speaking on an April 28 webinar offered by the Coalition of New England Companies for Trade. Most of her presentation focused on establishing country of origin.
The Office of the U.S. Trade Representative is requesting comments on whether the set of tariff exclusions on Chinese imports on Section 301 List 1 that are set to expire July 9 (see 1907080023) should last another year, it said in a notice. The agency will start accepting comments on the extensions on May 1. The comments are due by June 1, it said. Each exclusion will be evaluated independently. The focus of the evaluation will be whether, despite the first imposition of these additional duties in July 2018, the particular product remains available only from China. The companies are required to post a public rationale.
The Office of the U.S. Trade Representative is requesting comments on whether the set of tariff exclusions on Chinese imports on Section 301 List 2 that are set to expire July 31 (see 1907290023) should last another year, it said in a notice. The agency will start accepting comments on the extensions on May 1. The comments are due by June 1, it said. Each exclusion will be evaluated independently. The focus of the evaluation will be whether, despite the first imposition of these additional duties in August 2018, the particular product remains available only from China. The companies are required to post a public rationale.