232 & 301

  • 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 […]

  • 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 ===========