International Trade Today is providing readers with the top stories from Aug. 31-Sept. 4 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
Section 301 (too broad)
The International Trade Commission recently issued two revisions to the 2020 Harmonized Tariff Schedule to implement changes to exclusions on tariffs from China, as well as modifications of Section 301 tariffs on the European Union and Section 232 tariffs on aluminum from Canada. In Revision 20, issued Aug. 31, the ITC implemented recent changes to Section 301 tariffs on the European Union that removed cheeses from Greece and sweet biscuits from the United Kingdom, while adding fruit jams and purees from France and Germany to the list of goods subject to tariffs (see 2008130031). New subheading 9903.89.55 is added to implement some of the changes. The ITC also implemented new and amended exclusions from list three Section 301 tariffs on products from China (see 2008210003).
CBP is apparently working on a regulatory change that would eliminate the $800 de minimis exemption for goods subject to Section 301 tariffs. The agency on Sept. 2 submitted to the Office of Management and Budget a proposed rule titled “Excepting Merchandise Subject to Section 301 Duties from the Customs De Minimis Exemption,” according to OMB’s Office of Information and Regulatory Affairs website.
CBP is apparently working on a regulatory change that would eliminate the $800 de minimis exemption for goods subject to Section 301 tariffs. The agency on Sept. 2 submitted to the Office of Management and Budget a proposed rule titled, “Excepting Merchandise Subject to Section 301 Duties from the Customs De Minimis Exemption,” according to OMB’s Office of Information and Regulatory Affairs website. OMB’s reviews are the final step before publication of a rule, and include an interagency review. CBP did not immediately comment.
The Court of International Trade on Sept. 2 declined to order the release of an importer’s entries that were detained by CBP on country of origin concerns, finding the uncertainty around its own contradictory line of cases on substantial transformation was a factor in denying the bid for a preliminary injunction.
The following lawsuits were filed at the Court of International Trade during the week of Aug. 24-30:
CBP will add the ability in ACE for importers to file entries with recently excluded goods in the third tranche of Section 301 tariffs on Sept. 3, it said in a CSMS message. The official Office of the U.S. Trade Representative notice for the exclusions was published Aug. 24 (see 2008210003). The two exclusions are in subheading 9903.88.48. The exclusions are available for any product that meets the description in the Annex to USTR’s notice, regardless of whether the importer filed an exclusion request. The product exclusions are already expired but will apply retroactively to Sept. 24, 2018, the date the tariffs on the third list took effect, and through Aug. 7, 2020. The CSMS message also includes a summary of Section 301 duties that shows information on each tranche of tariffs and granted product exclusions.
More than half of all exclusions from list four Section 301 China tariffs are set to expire Sept. 1, after the Office of the U.S. Trade Representative declined to extend them in the run-up to their expiration. USTR granted extensions to 87 of the more than 200 list four exclusions published to date.
Over half of all exclusions from list four Section 301 China tariffs are now set to expire Sept. 1, after the Office of the U.S. Trade Representative did not include them in a notice of extensions released the day before their slated expiration. In the notice, USTR granted extensions until Dec. 31 to only 87 of the over 200 list four exclusions published to date. That leaves over 100 exclusions to expire on schedule.
With a month left to go before the expiration of the Caribbean Basin Trade Partnership Act benefits program, some lobbyists are starting to worry that a renewal won't get done. Beth Hughes, vice president of trade and customs policy for the American Apparel and Footwear Association, said Aug. 31 that her organization has been contacting the trade staffers at the Senate Finance Committee and House Ways and Means Committee since April or May, reminding them that the expiration is coming up. About a month ago, the trade staffers from both chambers were telling her that while they are aware of the deadline, they wanted to make sure that the administration supports renewal.