The Court of International Trade has ordered that the tariff actions imposed by the Office of the United States Trade Representative, as amended on remand by Further Explanation of the Final List 3 and Final List 4 Modifications Pursuant to Court Remand Order, ECF No. 467, are sustained.
In a nutshell, while the Court ordered the government to correct the record - ECF 466, Sec. 301 Final Lists 3 & Final 4a are valid and remain in place.
Topics: Section 301, USTR, Trade Compliance
On May 3rd, the United States Trade Representative (USTR) issued a notice requesting comments from US domestic industry regarding the extension of Section 301 duties originally imposed in July and August 2018. The request for comments is directed at US domestic industries that have benefited from the Section 301 action, which imposes additional duties on products that are country of origin China.
Topics: Tradewin, Section 301
**Update: CBP has notified the trade that HTS 9903.88.67 will be activated in ACE on April 12th. Entries filed between April 12th, 2022, and December 31st, 2022, may claim the exclusion at time of importation using this HTS. Importers who paid Section 301 duty on entered merchandise that is now subject to an exclusion between October 12th, 2021 and April 11th, 2022 may recover previously paid duty via a Post Summary Correction (PSC). Tradewin may help with exclusion determinations and helping you build a post entry strategy.**
On March 24th, 2022, the United States Trade Representative (USTR) issued an announcement reinstating certain product exclusions previously granted and expired for items subject to 301 duties. There are 352 product types that have been reinstated as part of this list, covering a broad range of commodities.
Topics: Tradewin, Section 301
Importers seeking refunds of section 301 duties for exclusions that were issued after the subject entries have liquidated and after the protest period has expired may have difficulties in duty recovery through any existing post-entry mechanism. One importer has even filed a suit at the Court of International Trade to compel CBP to reliquidate such entries so that they can benefit from the exclusions, but the result of that case is unknown at this time.
Topics: Duty Drawback, Section 301
When it comes to compliance, there are a multitude of things to juggle. I’m often asked for a link to one government site or another and there are certainly hundreds of sites to choose from.
Sometimes you can’t see the forest for the trees. Here is a list of websites that contain some basic guidelines for a laundry list of compliance issues.
Topics: Duty Drawback, Section 301
