232 & 301

  • 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 […]

  • Application of Section 301 Duties to Repaired Item

    QUESTION: We recently changed Customs brokers and the new broker has a different approach to entering returns of repaired items.  The broker asserts that according to the CBP 7501 Instructions document (last updated in 2012), whenever merchandise has been returned to the U.S. after undergoing repair, alteration, or assembly under HTS heading 9802, the country […]

  • Reviewing Exclusions Granted – Sec. 301

    QUESTION: How are members handling reviewing granted exclusions to determine whether their imports can benefit from Sec. 301 duty exclusions?  Translating the information to apply it to our database seems very subjective.  For example the latest release includes “Upholstered dining chairs, with a wooden frame, other than of teak (described in statistical reporting number 9401.61.4011).” This HTS covers any upholstered wooden […]

  • Section 301 refund Protest

    QUESTION: Is there a difference on filing a protest via paper or via ACE for Section 301 refund? We are in the process of filing a protest for almost 200 entries granted for Section 301 refund. The value is over half a million dollars. %%%%%%%%%% ANSWERS: There is no difference. We prefer filing via ACE […]

  • Announcement of 232 Exclusion request portal

    This printed in todays’s Federal Register if you would like to share with the membership. https://www.govinfo.gov/content/pkg/FR-2019-06-10/pdf/2019-12254.pdf ================================================================

  • Latest Section 301 List / Exclusions

    QUESTION: Looking for the Latest Section 301 List / Exclusions list ========== Answer: Please see attached: https://www.icpainc.org/wp-content/uploads/2014/10/Copy-of-Section-301-Lists-ICPA-Dec-2019.xlsx ===========

  • SEC. 301 DUTY COLLECTION AMOUNT

    QUESTION: Is there any way to find out how much revenue was raised to the US budget by the Section 301 duties in 2018 and 2019 respectively? ========== Answers: https://www.cbp.gov/newsroom/stats/trade ========== $40,000,000,000 in Section 301 duties assessed on Chinese origin items. Trade Statistics | U.S. Customs and Border Protection Trade Statistics | U.S. Customs and […]

  • SEC 301 PROTEST PSC

    QUESTION: We have a few liquidated entries that may qualify for Section 301 exclusion. I understand that we cannot file PSC on liquidated entries to get duty refund. Our only option seems to be to file a protest. My question is do we have to use the same broker that originally filed the entries to […]

  • SEC 232 EXCLUSION

    QUESTION: People are telling me my 232 exclusions are applied retroactively from the date of the filing, but that’s not correct, is it? (My 232 exclusions say they’re valid for one year from the date the exclusion was issued. The date at the bottom of the letter. NOT the date I submitted the exclusion) I […]

  • SEC 301 EXCLUSION PROCESS

    QUESTION: We provided a fairly long list of entries that were qualified for 301 exclusions to our broker. But I’m not sure I understand what happens after I provide my broker the list of entries and exclusions we want to use. What’s the process with Customs? Also, can anyone give me a “guesstimate” when our […]