232 & 301

  • 9903.88.06 EXCLUSION

    QUESTION: We have a product from China that is similar to the exclusion under 9903.88.06 which states: Articles the product of China, as provided for in U.S. note 20(i) to this subchapter, each covered by an exclusion granted by the U.S. Trade Representative………………………………. U.S. Note 20(i) states: (25)Electrical transformers, each with a power handling capacity […]

  • Full hts sec 301 exclusions automatic?

    QUESTION: If they issue a full exclusion for an entire HTS (example, 8537.10.8000), do we need to affirmatively take that exclusion at import or will it be entered automatically? =========== Answers: You will need to affirmatively take the exclusion with the appropriate 9903 tariff number assigned. =========== It must be taken affirmatively by also indicating […]

  • Sec. 301 Clarification on Export Date

    QUESTION: In the recent announcement covering the 3rd tranche that goods exported before May 10th would still be subject to the 10% additional tariff, is it the bill of lading date or the Customs definition of export date which determines applicability? For example, goods are shipped on 5/3/19 from Ningbo port on a feeder vessel […]

  • Section 301 List 3 Exclusion Request

    QUESTION: Does any member in the ICPA community know when we can apply for Section 301 List 3 exclusion? My products imported from China are List 1 item and the tariff code is an exclusion but my product is not the same or similar products as exclusion described. Since it is the same HTS classification, […]

  • Section 301 Exclusion, 8431.20.0000

    QUESTION: The third batch of product exclusions from the section 301 tariffs allowed for the exclusion of, “…tines, carriages, and other goods handling apparatus and parts designed for use on fork lift and other works trucks (HTSUS 8431.20.0000)”. We have interpreted this to mean that only the goods-handling apparatus for use on a forklift is […]


    QUESTION: Our US supplier group assists our Mexican sister company manage its suppliers. Within the last six months, the US supplier attempted to use an FTZ strategy to avoid substantial 301 tariffs – but somehow didn’t import correctly, so got charged the tariffs, anyway. I was reading up on it since the US company doesn’t […]

  • Marking and applicability of Section 301

    QUESTION: We would appreciate input from the membership on the below scenario. Item X is a finished good imported from a factory in China. It consists of 68 parts including mounting brackets, screws, plastic parts etc. The factory plans to move to Thailand to produce item X. In the first phase of the move, the […]

  • List 4 exclusions

    QUESTION: Will there be an exclusion process for List 4 once it’s finalized? ========== Answers: Yes, it will likely mimic the one in place for lists 1 and 2. Bad news is, ONLY list one has received exclusions to date, list 2 is next, then list 3 and 4. It will be a very long […]


    QUESTION: I am wondering what the membership’s thoughts are about CBP headquarters ruling H301769 from last month indicating that tool sets falling under heading 8206 should have the 301 tariff for both 8206 and the 301 tariff for the secondary HTS applied meaning that double tariffs are owed on the same item. Has anyone heard […]


    QUESTION: What if something is on both lists? Will the 232 additional duties apply AND the 301 duties so it could be 25% plus 25% plus the regular duty rate? ========== Answers: Yes, the duties have separate purposes, you will need to add them together. ========== Yes, you get a double whammy. ========== correct – […]

  • Section 301 China origin vs China export

    QUESTION: How do the Section 301 tariffs deal with product that is processed/manufactured in China for which the processing/manufacturing does not change the customs origin of the manufactured good? For example, the rules of origin for goods of 6302.31 (woven, cotton-rich sheets and pillowcases) the country of origin is “the country, territory, or insular possession […]

  • Comments due for List 4

    QUESTION: It is my understanding final comments are due for List 4 by June 17th 2019. Has anyone in the membership submitted comments for previous lists and been successful with the outcome? Is there a special format? Where are the comments sent, etc. Basically, where can I find information or get an example of comments […]