Former Rep. Beto O'Rourke's presidential campaign released a detailed trade agenda that talked about how he would undo some of what he called President Donald Trump's "disastrous trade war," and how he would advance trade liberalization, if he were elected.
Section 301 (too broad)
CBP on Aug. 30 issued new filing instructions for goods subject to Section 301 duties, in light of the 15 percent tariffs set to take effect on Sept. 1. The agency’s CSMS message contains updated information on how to enter goods with subheadings on the first group of fourth tranche products, on which Section 301 duties take effect at 12:01 a.m. EDT on Sept. 1 (see 1908270066). Beginning on Sept. 1, goods included in the first group of the list must be filed under subheading 9903.88.15. Then, effective Dec. 15, tariffs take effect on a second list of goods under subheading 9903.88.16.
CBP has assessed about $35.9 billion in duties under the major trade remedies started during the Trump administration as of Aug. 28, according to CBP's trade statistics page. That includes $27 billion in duties from the Section 301 tariffs on goods from China. The assessed tariffs under Section 301 will likely start to increase quicker once the planned 15 percent tariffs take effect on Sept. 1 (see 1908270066). CBP also has assessed about $6.1 billion under the Section 232 tariffs on steel and $1.7 billion under tariffs on aluminum. The Section 201 trade remedies on washing machines, washing machine parts and solar cells (see 1801230052), imposed Jan. 23, 2018, account for $1 billion in assessed tariffs.
Protests in Hong Kong could cut off an escape route importers have been using to avoid Section 301 tariffs, according to a blog post by trade consultant David Trumbull. The 1992 Hong Kong Policy Act “gives Congress and the President, or the President alone by Executive Order, the power to suspend U.S. recognition of the separate Hong Kong Customs Territory if the U.S. determines that Mainland China has suppressed Hong Kong's autonomy,” Trumbull said. “The current tension in Hong Kong, with protesters saying that China is attempting to do just that could trigger President Trump to invoke the Hong Kong Policy Act and subject goods of Hong Kong origin to the Section 301 tariffs,” he said. “Companies relocating production from Mainland China to Hong Kong to avoid the Section 301 tariffs on China are getting the jitters” over concerns that the U.S. could use the law to end Hong Kong’s status as a separate customs territory from China, he said.
The Office of the U.S. Trade Representative announced Aug. 29 that it is seeking comments through Regulations.gov on the efficacy of increasing Section 301 tariffs from 25 percent to 30 percent in order to convince China to stop trade abuses. The office also invites businesses and trade groups to explain if the increase on any particular product would cause disproportionate harm to U.S. consumers or businesses. Comments are due by Sept. 20; the increase is scheduled to take effect Oct. 1.
CBP plans to issue a CSMS message either Aug. 29 or Aug. 30 on the coming Section 301 tariffs from tranche 4 that are scheduled to take effect Sept. 1, a CBP official said during an Aug. 29 call with software developers. The agency also will issue another CSMS message on how to file entries with goods that are subject to more than one trade remedy, similar to another CSMS message issued last year, the official said. CBP will be "working with our outage window this weekend to implement and update the databases and put in the proper validations so that everything will be ready for 9/1," the official said.
Almost half of companies that responded to the U.S.-China Business Council's annual survey on the business climate in China said they have lost sales in China since the trade war began. The most common reason is because of retaliatory tariffs on U.S. imports to China, according to these 100 multinational firms based in the U.S. Another third said they lost sales because of U.S. tariffs.
Movado Group downgraded its forecast in virtually all metrics for fiscal year 2020 ending Jan. 31, blaming market volatility it sees worsening with the 15 percent List 4A Section 301 tariffs taking effect Sept. 1 on fashion watches and smartwatches imported from China. It's “very early on in the process” to forecast with any precision the impact of the List 4A tariffs taking effect in a few days, CEO Efraim Grinberg said on a fiscal Q2 call. The tariffs will “definitely have an impact, I believe, on U.S. business,” he said. “We will take certain actions in terms of pricing initiatives, in terms of working with our suppliers,” to mitigate the fallout, he said. “Some will have an effect to gross profits.”
The manufacturing of major Roomba robotic vacuum subassemblies that occurs in Malaysia is enough for the vacuum to be considered of Malaysian origin, CBP said in a July 31 ruling. Sandler Travis lawyer Paula Connelly, representing iRobot, sought CBP's input on the country of origin. The agency also said the retail set that includes the vacuum is of Malaysia. The vacuum is classified in subheading 8508.11.0000, which was included in the third tranche of Section 301 tariffs on goods from China.
The Office of the U.S. Trade Representative will publish a notice in the Federal Register Aug. 30 that says that List 4 products under the Section 301 action will face an additional 15 percent tariff, not 10 percent, as earlier announced. President Donald Trump had tweeted this change four days ago (see 1908230059). The change in the rate does not affect the dates the goods will face the tariff. One group of products, nearly 3,800 8-digit tariff lines, will be taxed starting Sept. 1; consumer electronics largely will wait until Dec. 15.