QUESTION: I’m struggling to understand the “lesser of 2 duties” rule, as it applies to the 301 tariffs. It looks like it only applies to mfg drawback. If I import in articles subject to the 301 tariffs, and I export them out in the exact same condition – Can I claim 99% drawback on the […]
QUESTION: 19 U.S. Code § 1862 specifically mentions “imports.” By what authority, then, is the President allowed to ban Drawback? Exports are not mentioned in that section at all. ========== Answers: I think that the question is not whether the president has the authority to “ban” drawback – he is not and he […]
QUESTION: Can foreign producers reimburse Section 301 duty payments made by importers? ========== Answers: I believe this would be considered a rebate and advise against it. ========== Yes. This is not like anti dumping or CVD. ========== Yes, it is legal for suppliers to reimburse importers for the Section 301 duties. We have had a […]
QUESTION: I understand the Section 301 exclusion request is product specific. But product specific does not seem to mean part number or company/submitter specific. If we import ABC item, which is exactly the same thing as one of our competitors imports, and we receive an exclusion does our competitor benefit from our exclusion? If so, […]
QUESTION: I was wondering if you get an exclusion on the 301 tariff is it transferrable to another company. We are in the process of being sold and was wondering if the acceptance letter is transferrable. ********* Answers: Exclusions under the 301 Investigation (and 232) are by tariff code. They are not personal to the […]
QUESTION: I am curious as to how other FTZ operators are handling finished goods containing foreign components as they leave the FTZ and are subject to Section 301. In this specific scenario, the finished good undergoes a substantial transformation in the FTZ but is made up of mostly Chinese and Korean components. What country of […]
QUESTION: Where can I find the list of products that China plans to impose retaliatory tariffs on, which was announced Aug 3? I have been unable to find the full Chinese list on US products with HTS codes, that China will implement on August 23rd. Does anyone have the link or an easy method to […]
QUESTION: If a US importer provides US produced assists to its CN seller, so that the value of the imported final product includes that US produced dutiable value, the Sec. 232 or 301 10% or 25% duty will in effect apply partly to *US* produced value. Seems ironic? ========== Answers: True but it is what […]
QUESTION: We utilize five brokers for our imports, some are large brokers. We are seeing anomalies in the data in ACE related to these new tariffs. Within the data for a given broker, the entered value is sometimes reported on the 1 – 97 HTS line with the new duty on the Chapter 99 line […]
QUESTION: Does the membership have any insight as to whether or not the Section 232 and 301 tariff hikes affect goods entered into a Maquila prior to the effective date of the tariffs? For instance, if an affected item is entered via a warehouse entry into a Maquila today, and then the tariff increase becomes […]
QUESTION: Regarding the potential 10% – 25% tariffs on a large number of products from China, would these tariffs to apply to products manufactured in Hong Kong? ********** Answers: No. They apply to China. *********** Additional duties are applicable to CN origin products, they would not apply to HK origin products. ************ No, the tariffs […]
QUESTION: Is there a process importers are following to comment on the latest rounds of China Tariffs? ================== ANSWERS: Regulations.gov USTR-2018-0026 ======================== There sure is: https://www.federalregister.gov/documents/2018/07/11/2018-14820/procedures-to-consider-requests-for-exclusion-of-particular-products-from-the-determination-of
