New exclusions from the duties on Chinese imports have been announced by the U.S. Trade Representative (USTR), representing a sixth round of exclusions requests from the 25 percent duty assessed under the Section 301 List of goods from China.

These product exclusions relate to the imposed additional duties announced in 83 FR 47974 on Chinese goods, with an annual trade value of approximately $200 billion. The exclusions retroactively apply to September 24, 2018 and are slated to remain in effect through August 7, 2020. Any claims for duty refunds require affirmative action on the part of importers in the form of post-entry corrections or protests.

The exclusions are available for any product that meets the description as set out in Annex A to Federal Register Notice 84 FR 69012 regardless of whether or not the importer filed an exclusion request. This means that your company might benefit from the exclusion no matter who files the request.

Scroll down to view the list of new products exclusions (Courtesy of GDLSK)

What importers should know:

The situation remains very fluid. We are advising clients to do the following:

• Know whether your imports are affected and decide what you’re going to do about it.
• If you have a question about whether your products are affected by these or other tariffs, we may be able to help. We can tell you what impact the tariffs will have on your shipments, and help you file a claim for an exclusion.
• Consider sourcing options in other countries besides China.

If you have questions regarding your shipments, please contact: Bill Skinner.

December 12, 2019 – Newly Excluded Items from China 301 List 3

1) 0304.72.5000

2) 0304.83.1015

3) 0304.83.1020

4) 0304.83.5090

5) 8507.20.4000

6) 8708.50.8500

7) 8708.94.7510

8) 8708.99.8105

9) 8712.00.1520

10) Bananas, freeze-dried and sliced, put up for retail sale in packages each having a net weight of 15 g (described in statistical reporting number 0803.90.0045)

11) Apples, freeze-dried and sliced, put up for retail sale in packages each having a net weight of 15 g (described in statistical reporting number 0813.30.0000)

12) Peaches, freeze-dried and sliced, put up for retail sale in packages each having a net weight of 15 g (described in statistical reporting number 0813.40.4000)

13) Pears, freeze-dried and sliced, put up for retail sale in packages each having a net weight of 15 g (described in statistical reporting number 0813.40.9000)

14) Mixtures of strawberries and bananas, freeze-dried and sliced, put up for retail sale in packages each having a net weight of 15 g (described in statistical reporting number 0813.50.0020)

15) Mixed seasoning of Himalayan salt, tomato flake, lemon peel, basil, black pepper and sage, put up for retail sale in packages each weighing 200 g (described in statistical reporting number 2103.90.8000)

16) Molded blocks of wood pulp cellulose sponge, each measuring not over 105 cm by 105 cm by 40 cm (described in statistical reporting number 4823.70.0040)

17) Satin woven fabrics of artificial filament yarn, consisting of 63 percent rayon and 37 percent combed cotton, dyed, weighing not over 211 g/m2 (described in statistical reporting number 5408.32.9050)

18) Nonwoven rug pads, each comprising a 100 percent polyester fiber fabric, face laminated to a thermoplastic elastomer and weighing over 150 g/m2 (described in statistical reporting number 5603.94.1090)

19) Ropes of man-made fibers, each measuring 1.7 m or more but not over 6.1 m in length with breaking strength of 22 kg or more but not over 230 kg, with hooks of base metal and locking mechanisms to maintain tension on the rope (described in statistical reporting number 5609.00.3000)

20) Gates for confining children or pets, of steel not coated or plated with precious metals (described in statistical reporting number 7323.99.9040)

21) Steel electrical boxes, designed for lighting fixtures, switches, receptacles or outlet devices, such boxes weighing 0.4 kg or more but not over 3.5 kg, 10.2 cm in length or more, 5 cm or more but not over 10.2 cm in width and 12 cm in height, the foregoing UL listed (described in statistical reporting number 7326.90.8688)

22) Telescoping multi-position ladders of aluminum, each with maximum reach height of 4.2 m or more but not over 7.9 m, with locks to adjust the telescoping positions and with load rating of 136 kg or more but not over 170 kg (described in statistical reporting number 7616.99.5130)

23) Towers of aluminum, unassembled, each designed to be mounted on a boat, incorporating at least one point to which a tow rope may be fastened for towing individuals participating in water sports such as wakeboarding, the assembled tower measuring not over 1.9 m in height and no more than 2.5 m in width (described in statistical reporting number 8302.49.6055)

24) Towers of aluminum, unassembled, each designed to be mounted on the body of a boat, incorporating a tow point for towing individuals participating in water sports such as wakeboarding, the assembled tower measuring not over 1.6 m in height and not over 2.5 m in width (described in statistical reporting number 8302.49.6055)

25) Digital electronic scales, not for personal use, not for continuous weighing, other than constant-weight scales, each measuring no more than 195 mm by 165 mm by 60 mm, having a maximum weight capacity of 5 kg, and having the ability to reset tare (zero point reset) multiple times while adding to the article being weighed (described in statistical reporting number 8423.81.0040)

26) Electronic calculators for desktop use, solar-powered with battery backup (other than with engineering, trigonometric, scientific or construction functions), each measuring 11 cm or more but not over 25 cm in length, 7 cm or more but not over 19.5 cm in width, and 1 cm or more but not over 5 cm in height and weighing 0.058 kg or more but not over 0.34 kg (described in statistical reporting number 8470.10.0040)

27) Electronic calculators, handheld, solar-powered or battery powered (other than with engineering, trigonometric or scientific functions), each measuring 10 cm or more but not over 16 cm in length, 5 cm or more but not over 9 cm in width, and 0.5 cm or more but not over 2 cm in height and weighing 0.02 kg or more but not over 1 kg (described in statistical reporting number 8470.10.0040)

28) Electronic calculators, handheld, solar-powered or battery powered, with scientific, trigonometric or other advanced mathematical functions, each measuring 11 cm or more but not over 18 cm in length, 6.5 cm or more but not over 9 cm in width and 1 cm or more but not over 3 cm in height and weighing 0.04 kg or more but not over

0.25 kg (described in statistical reporting number 8470.10.0040)

29) Electronic calculating machines, each incorporating a 2 color ink roller printing device, that operates with an external source of power, with a vacuum fluorescent display (VFD), measuring 24 cm or more but not over 27 cm in length, 18 cm or more but not over 21 cm in width and 5 cm or more but not over 7 cm in height and weighing 0.5 kg or more but not over 1.5 kg each (described in statistical reporting number 8470.21.0000)

30) Electronic calculating machines, each incorporating a parallel ribbon ink printing device, that operates with an external source of power, with a vacuum fluorescent display (VFD), measuring 31.75 cm or more but not over 34.3 cm in length, 21.5 cm or more but not over 25.4 cm in width and 7.5 cm or more but not over 9 cm in height and weighing 1.6 kg or more but not over 2 kg each (described in statistical reporting number 8470.21.0000)

31) Electronic calculating machines, each incorporating a ribbon ink printing device, that operates with an external source of power, with a vacuum fluorescent display (VFD), measuring 32 cm or more but not over 35 cm in length, 22 cm or more but not over 26 cm in width and 8 cm or more but not over 9 cm in height and weighing 1.75 kg or more but not over 2 kg each (described in statistical reporting number 8470.21.0000)

32) Electronic calculating machines, each incorporating an ink roller printing device, capable of operating with an external source of power or battery power, with liquid crystal display (LCD), measuring 19 cm or more but not over 26.5 cm in length, 8 cm or more but not over 20 cm in width and 4 cm or more but not over 7 cm in height and weighing 0.3 kg or more but not over 0.7 kg each (described in statistical reporting number 8470.21.0000)

33) Other static converters, rectifiers and rectifying apparatus, with ABS plastic damage resistant box, input and output voltage cables, weighing not more than 0.35 kg, measuring not more than 17 cm in length and 12 cm in width (described in statistical reporting number 8504.40.9550)

34) Light-emitting diode (LED) headlights, light bars and cube lights, of a kind designed to be mounted on off-road, all-terrain vehicles (described in statistical reporting number 8512.20.2040)

35) Brake drums of grey cast iron for the motor vehicles of headings 8701 to 8705 (other than tractors for agricultural purposes), with an inside diameter of 38 cm or more but not over 42 cm (described in statistical reporting number 8708.30.5020)

36) Brake discs of grey cast iron for the motor vehicles of headings 8701 to 8705 (other than tractors for agricultural purposes), with an outside diameter of 32 cm or more but not over 44 cm (described in statistical reporting number 8708.30.5030)

37) Wheel hubs of cast iron, for off-road vehicles of headings 8701 to 8705, each weighing 2 kg or more but not exceeding 4 kg (described in statistical reporting number 8708.99.5300)

38) Upholstered dining chairs, with a wooden frame, other than of teak (described in statistical reporting number 9401.61.4011)

39) Chairs with three legs, with frames of steel held together by elastic cord and textile seating material, for outdoor non-household use (described in statistical reporting number 9401.79.0015)

40) Chairs, each with four legs, a frame of aluminum held together by elastic cord and textile seating material, for outdoor non-household use (described in statistical reporting number 9401.79.0015)

41) Entry tables of wood other than bent-wood, each measuring 180 cm or more but not over 185 cm in length, 80 cm or more but not over 83 cm in height and over 40 but not over 45 cm in width, with tin top (described in statistical reporting number 9403.60.8081)

42) 8-light circular electric household chandeliers, of base metal other than brass (described in statistical reporting number 9405.10.6010)

43) Electric household table lamps, with bases of wood, presented with shades, not more than 64 cm in height, each weighing not more than 3 kg (described in statistical reporting number 9405.20.8010)

44) Non-electrical wall candelabras, of wood, each with 3 wrought iron candle holders (described in statistical reporting number 9405.50.4000)

The functionality for the acceptance of the sixth round of products of China excluded from Section 301 duties will be available in the Automated Commercial Environment (ACE) as of Noon, December 19, 2019.

GUIDANCE

Instructions for importers, brokers and filers on submitting entries to CBP containing products granted exclusions by the USTR from the Section 301 measures as set out in 84 FR 69012

*   In addition to reporting the regular Chapters 03, 08, 21, 48, 54, 56, 73, 76, 83, 84, 85, 87 and 94 classifications of the HTSUS for the imported merchandise, importers shall report the HTSUS classification 9903.88.36 (Articles the product of China, as provided for in U.S. note 20(oo) to this subchapter, each covered by an exclusion granted by the U.S. Trade Representative) for imported merchandise subject to the exclusion.
*   Importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.36 is submitted.

ADDITIONAL INFORMATION

Duty exclusions granted by the USTR are retroactive for imports on or after the initial effective date of September 24, 2018.   To request a refund of Section 301 duties paid on previous imports of products granted duty exclusions by the USTR, importers may file a Post Summary Correction (PSC) if within the PSC filing timeframe. If the entry is beyond the PSC filing timeframe, importers may protest the liquidation.

Reminder: When importers, brokers, and/or filers are submitting an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise, refer them to CSMS 39587858 (Entry Summary Order of Reporting for Multiple HTS when 98 or 99 HTS are Required).

Imports which have been granted a product exclusion from the Section 301 measures, and which are not subject to the Section 301 duties, are not covered by the Foreign Trade Zone (FTZ) provisions of the Section 301 Federal Register notices, but instead are subject to the FTZ provisions in 19 CFR part 146.

For ease of reference, Summaries of Section 301 Duties and Product Exclusion Notifications are provided below:

[table 1]

The U.S. Trade Representative (USTR) has announced it will accept requests for exclusion from additional tariff rates of 15% duties imposed on Chinese imports listed on Section 301, Tranche 4, beginning on October 31, 2019. The exclusion requests may be submitted via the Web Portal beginning at noon on October 31 through January 31, 2020.

The products covered by Tranche 4 are listed in Annex A.   The subcategories include a wide range of products, detailed in the Federal Register publication on August 20, 2019 and shown HERE.

We urge individual importers, associations and others seeking exclusions from the tariffs to register on the site on October 31. More information and guidance on the exclusion process, and a sample form for filers, is available HERE.

What importers should know:

The situation remains very fluid. We are advising clients to do the following:

• If you have a question about whether your products are affected by these or other tariffs, we may be able to help. We can tell you what impact the tariffs will have on your shipments, and help you file a claim for an exclusion.
• Consider sourcing options in other countries besides China.
• Check back at www.wbskinner.co for tariff news and updates.

If you have questions regarding your shipments, please contact us HERE.

The planned increase in tariffs on Chinese imports this week has been shelved in an initial agreement reached by the U.S. and China. The Administration said it would forego the tariff hike from 25% to 30% scheduled to go into effect today (October 15) on $250 billion worth of annual imports. In exchange, the Chinese would increase purchases of U.S. farm products.

With many details yet to be worked out, it is unclear what further effects the initial agreement will produce, including the fate of additional U.S. tariff increases scheduled to go into effect in December on electronics, apparel, and other imported consumer goods. While China’s exports to the U.S. have been slumping — by more than one-fifth in September vs. one year ago, some observers saw the results of last Friday’s talks as potentially in Beijing’s favor, as China prefers to slow down negotiations. Still, tensions were seen to be reduced between the two countries, which had been rising since talks broke down in the Spring.

What importers should know:

The situation remains very fluid. We are advising clients to do the following:

• Know whether your imports are affected and decide what you’re going to do about it.
• If you have a question about whether your products are affected by these or other tariffs, we may be able to help. We can tell you what impact the tariffs will have on your shipments, and help you file a claim for an exemption.
• Consider sourcing options in other countries besides China.

If you have questions regarding your shipments, please contact: Bill Skinner.

An additional increase in tariffs on $250B of goods imported from China has been delayed by two weeks, from October 1 to October 15. President Trump announced the move as a goodwill gesture ahead of planned trade talks with Chinese officials in Washington next month.

The tariffs scheduled to increase from 25% to 30% were chiefly on non-consumer materials used by businesses. Although the U.S. and China remain far apart on many issues and further tariffs on Chinese goods are threatened, news of the postponement was seen as brightening the outlook for the October trade talks.

Earlier Wednesday, China announced a range of U.S. goods to be exempted from 25% extra tariffs announced last year. However, those did not include exports such as soybeans and other products whose increased tariffs are exerting pressure on American farmers.

Click HERE for list of impacted goods.

What can importers do?

The situation remains very fluid. We are advising clients to do the following:

• Know whether your imports are affected and decide what you’re going to do about it.
• If you have a question about whether your products are affected by these or other tariffs, we may be able to help. We can tell you what impact the tariffs will have on your shipments, and help you file a claim for an exemption.
• Consider sourcing options in other countries besides China.

The Trump Administration announced today that some Chinese imported goods slated to face a new round of tariffs on September 1 will now be exempted until at least mid-December. The office of the U.S. Trade Representative said Tuesday that it will instead delay the new tariffs on many major categories of items, including smartphones, laptop computers, toys and some other items, until Dec. 15. USTR also said that some products would be removed from the tariff lists entirely, based on health, safety, national security and other factors.

The complete lists of affected goods can be viewed HERE.

The delay in imposition of the tariffs earned a reprieve for American negotiators, who have been struggling to re-establish trade talks with the Chinese officials.  And consumers will be relieved to know that electronics, smartphones, toys and other items will not be slapped with additional tariffs through at least much of the holiday shopping season.

WHAT TO KNOW:

The situation remains very fluid. WB Skinner is advising our clients to do the following:

• Know whether your imports are affected and decide what you’re going to do about it.
• Consider sourcing options in other countries besides China.
• If you have a question about whether your products are affected by the tariffs, we may be able to help. We can tell you what impact the tariffs will have on your shipments, and help you file an exemption.

The new round of tariffs announced by President Trump last week is expected to affect nearly all of the $540 billion in goods currently imported from China. Consumer products that had been spared in previous rounds — including smartphones, apparel, toys and video games — will now be subject to tariffs, beginning September 1.

What should importers know?

The Office of the U.S. Trade Representative is expected to release a final list of affected goods before the September 1 deadline. The preliminary list was published in the Federal Register on May 17. Click HERE to view.

Note that some items on that preliminary list will likely have been removed, as ongoing hearings on the additional duties held since the publication are enabling businesses to comment and seek exclusions.

Regardless, the new tariffs are aimed squarely at the items most likely to cause consumers pain, such as footwear, clothing, toys and popular electronics such as Apple’s product line.

What can importers do?

If the tariffs do take effect on Sept. 1, companies will have an opportunity to file for exclusions. Those seeking waivers in previous instances have had to explain why the tariffs would cause them “severe economic harm,” why the products are unavailable outside China and whether the item was “strategically important” to China’s industrial policy.

Although recent trade talks with China appear to have been unproductive, the situation remains very fluid. WB Skinner is advising our clients to do the following:

• Know whether your imports are affected and decide what you’re going to do about it.
• Consider sourcing options in other countries besides China.
• If you have a question about whether your products are affected by the tariffs, we may be able to help. We can tell you what impact the tariffs will have on your shipments, and help you file an exemption.

Facing another threatened round of tariffs on goods from China, importers may feel they have few options left to avoid the higher fares. Amid continued uncertainty surrounding the next moves in the U.S. and China trade dispute, we are advising our customers to be aware of their potential eligibility to claim product exclusions and/or recovery or duties.

Requests for product exclusions from duties on imports require detailed information such as manufacturer, country of origin, product availability in the U.S. or a source outside of China, and detailed supporting records. If a request for exclusion, or for a refund of Section 301 duties is met with a denial, there is a process for appeal, but it must be initiated within the allowed time frame.

CLICK HERE to see an overview presented by the NCBFAA of the considerations and process involved in filing for exclusions and recovery of duties.

WHERE THE TARIFF “WAR” STANDS: After trade talks with China fell apart, President Trump on May 10 raised tariffs to 25% on $250 billion worth of Chinese imports. (Goods with a date export from China no later than May 9 will not be affected, as long as they enter the U.S. by June 1.)

China soon retaliated by announcing plans to increase tariffs on about $60 billion worth of American goods. The U.S. has now threatened to apply a 25% tariff on the remaining two-thirds of Chinese imports, with some exceptions.

What you should do:

In this rapidly changing environment, we are advising clients to consider the following:

• Know whether your imports are affected and decide what you’re going to do about it.
• If you have a question about whether your products are affected by the tariffs, we may be able to help. We can tell you what impact the tariffs will have on your shipments, and help you file an exemption.
• Consider sourcing options in other countries besides China.

This continues to be a very fluid situation, and we are here to help you find the proper course of action.

Contact me if we can be of help and check back on our website at www.wbskinner.com for frequent updates.

The U.S. increased Section 301 tariffs on $200 billion of Chinese products from 10% to 25% today, as talks continued to try to salvage a potential deal.

The tariff hike went into effect hours after meetings between U.S. and Chinese negotiators failed to produce a settlement. The White House said that there were no plans to suspend the increase, which it had threatened months ago, and President Trump said steps were being taken to impose fresh 25% tariffs on an additional $325 billion in currently untaxed Chinese goods. Chinese leaders rejected U.S. claims that it has reneged on negotiations.

What you should know:

The new tariffs apply to goods leaving China and entering the U.S. after midnight on Friday May 10. Air shipments will be affected immediately, but cargo from China with a date export of May 9 or earlier will not be affected.   Regardless of the export date, all affected 301 Section 1 goods from China will be subject to the 25% tariff if they enter the U.S. after June 1, 2019.

On Wednesday, May 8, the Office of the U.S. Trade Representative announced the effective date of the increase, and also said it would establish a process by which interested parties can request particular products within HTS (Harmonized Tariff Schedule) be excluded from the 25% tariff.  See the CBP notice HERE.

What you should do:

In this rapidly changing environment, we are advising clients to consider the following:

• Know whether your imports are affected and decide what you’re going to do about it.
• If you have a question about whether your products are affected by the tariffs, we may be able to help. We can tell you what impact the tariffs will have on your shipments, and help you file an exemption.
• Don’t panic, but also don’t ignore the possible significant impact to your business.

This continues to be a very fluid situation, and we are here to help you find the proper course of action.

Contact me if we can be of help and check back on our website at www.wbskinner.com for frequent updates.

The Trump administration has once more threatened a new round of Section 301 tariffs on imported goods from Europe. U.S. Trade Representative Robert Lighthizer proposed new tariffs on $11 billion in imports from European Union countries. Unlike previously announced tariffs on steel and goods from China, however, these are compensation for what the U.S. says are illegal subsidies given to Airbus, the aerospace manufacturer. In a complicated case, the World Trade Organization ruled that the U.S. could impose tariffs, which the U.S. has estimated will total $11 billion on items ranging from aerospace products to swordfish to bed linens. The matter is currently under review by a WTO arbitrator, with a report expected this summer.

The new proposed tariffs are in addition to those imposed on steel and aluminum and threatened on auto exports.   The amount of the new duties has not yet been determined. Public hearings on the proposed tariffs will begin in May.

See the proposed list of goods affected HERE.

In this rapidly changing environment, we are advising clients to consider the following:

• Know whether your imports are affected and decide what you’re going to do about it.
• If you have a question about whether your products are affected by the tariffs, we may be able to help. We can tell you what impact the tariffs will have on your shipments, and help you file an exemption.
• Don’t panic, but also don’t ignore the possible significant impact to your business.

This continues to be a very fluid situation, and we are here to help you find the proper course of action.

Contact me if we can be of help and check back on our website at www.wbskinner.com for frequent updates.