232 & 301

  • Section 232 Refunds

    QUESTION: Can anyone in the membership comment on the current overall status of section 232 refunds? In the beginning, the checks were consistent. Now, they seem to be very slow and not on any type of schedule at all. I understand that Covid 19 could be affecting this, as it has so many other things….. […]

  • SEC. 232 AND 9801 ENTRIES

    QUESTION: if an item would be subject to additional duties under Section 232, but it is a return and 9801 also applies, if I import it under 9801, would the additional 232 duties apply? I think NO, right?  Because 232 is oriented on the declared HTS number? ************** Answers: The answer is found in CBP […]

  • SEC 232 PROTEST DENIAL

    QUESTION:  Our Sec 232 protest was denied due to an incorrect IOR on the entry documents. We were granted approval for our Section 232 requests, however they were specific to one IOR. We understand that we are able to amend the Section 232 Exclusion Application with the proper IOR, however I wanted to know if […]

  • Section 232/ Section 301 Refund Checks

    QUESTION: Does anyone know if the Treasury Department was closed during the month of April and was not issuing refund checks? %%%%%%%%%% ANSWERS: We received weekly Refund checks the April, so I would say no. %%%%%%%%%% No they were not closed, refunds are moving slower. ================================================================

  • SEC 232 Exclusion overages

    QUESTION: Has any members of the trade had US Customs come back and state that a specific exclusion has been overused and the IOR now owes duty on entries liquidated over 180 days ago?  We have been advised that until Jan 1. 2020,  programming was not available for tracking by Customs or Trade Remedy.  Customs […]

  • SEC. 232 EXCLUSION WEIGHT TRACKING

    QUESTION: A 232 exclusion is limited both by weight and date. Does CBP track the weight, in which case they’ll deny the use of an exclusion once the weight is reached? Or do they rely on the importer to track the weight and self-limit? ========== Answer: Customs does track the weight for each Section 232 […]

  • SEC. 232 EXCLUSION WEIGHT TRACKING

    QUESTION: A 232 exclusion is limited both by weight and date. Does CBP track the weight, in which case they’ll deny the use of an exclusion once the weight is reached? Or do they rely on the importer to track the weight and self-limit? ========== Answer: Both.  We do not keep track of the weights […]

  • SEC. 232 REFUND TIMELINES

    QUESTION: Can anyone comment on the estimated time it is taking for them to receive section 232 duty refunds? We started to receive them late last year and they were like clockwork- every week. This year they seem to be much more sporadic…. ************** Answers: Last year we were receiving our refunds quickly (6-8 weeks).  […]

  • Will A Warehouse Entry work to Avoid 15% List 4A Tariffs?

    QUESTION: Can a warehouse entry type 21 be issued prior to February 14th, 2020 on a shipment that is subject to List 4A 15% Tariffs?  We are looking to see if this will allow us withdraw the merchandise at the new rate of 7.5% after the effective date. ========== Answers: Yes, a warehouse entry will […]

  • Section 232 Expansion

    QUESTION: Looking for advise on what the recent 232 expansion covers as far as a “derivative of” aluminum or steel.  What is the laws definition of derivative, etc.?  Does it need to contain a certain % of the aluminum /steel that is covered by the current order and if so, how much, etc.  Would like […]

  • 9903.88.23

    QUESTION: Exclusion 9903.88.18 refers you to 9903.88.23 for HTS 9017.90.0160\9017.80.0000 We’ve entered in our brokers system in the following sequence: 9903.88.23                 9017.90.0160                 9017.80.0000 Our broker is telling us that section 301 applies to 9903.88.23@25% and 9017.80.0000 @ 5.3%. Is this not an exclusion? ========== Answers: It depends on what the article is. (bb)For […]

  • List 1 Exclusions Revoked – Eligibility for Post Summary Corrections

    QUESTION: Can exclusion refunds still be submitted for List 1 past entries for the exclusions that were recently revoked? There doesn’t seem to be guidance on this. ========== Answer: Only if the entry was made prior to the date the revocation took effect, and the PSC or protest was timely filed. George Tuttle IIILaw Offices […]