USTR Removes Frozen Salmon from Latest Section 301 Tariff List; Trade Groups Call for Exclusion Process
The Office of the U.S. Trade Representative is amending the list of goods from China newly subject to 10 percent Section 301 tariffs to remove frozen salmon and make conforming changes to subheadings covering wood. Effective Sept. 24, USTR is removing from the list subheadings 0304.81.10 and 0304.81.50, which cover frozen salmon, in order “to account fully for the extensive public comments and testimony previously provided” in the Section 301 investigation.
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The agency is also amending several subheadings of Chapter 44 to reflect new breakouts that will be added to the tariff schedule on Oct. 1 to implement changes adopted by the World Customs Organization in 2015 (see 1607290033). These changes, which take effect Oct. 1, affect provisions in headings 4401, 4403, 4406, 4407 and 4412. Finally, USTR is also correcting a typo in U.S. Note 20(a) related to the Section 301 tariff treatment of goods classifiable in Chapter 98. The change is only typographical and doesn’t affect tariff treatment.
Meanwhile, Americans for Free Trade called for an exclusion process to the 10 percent tariffs in a letter to USTR Robert Lighthizer. "We strongly believe that the exclusion process should continue for this latest round of tariffs which encompass a wider swath of covered HTS lines," said the group, which includes the National Customs Brokers and Freight Forwarders Association of America and the National Association of Foreign-Trade Zones. "It is even more important since the tariffs will escalate to 25 percent on January 1, 2019."
There's good reason to have an exclusion process, said group. "While we appreciate that USTR removed some items from the final list, there are many, many other products, especially at the 10-digit Harmonized Tariff System level that should be considered for an exclusion," it said. "In fact, USTR demonstrated this very need when it removed some products at the 10-digit level. In addition, where relief was partially granted under some HTS codes, there are cases where essentially the same product was not granted a similar exemption, creating a situation of more favorable treatment for some business within the same industry producing the same items."
(Federal Register 09/28/18)