Sec 301

  • Section 301 and HTS footnotes

    QUESTION: Is it true that List 4 goods do not come under the 301 tariffs at 25%? My question has to do with specific HTS code 84819030. It refers you to note 4, which refers you to 9903.88.15, which says the tariff is what is provided in subheadings plus 7.5%. =========================================== ANSWERS: That’s correct, 9903.88.15 […]

  • SEC 301 APPLICATION

    QUESTION: If a Canadian company ordered component parts [frames] directly from our subsidiary company in China and had those parts shipped to our US parent company to be assembled with the component parts [rolls] ordered directly from this US based company, would section 301 tariffs or any tariffs apply to the frames ordered from China. […]

  • Sec 301 Tariff litigation lawsuit

    QUESTION: Does anyone have the number of importers/plaintiffs that were involved in this lawsuit?  Or is there a list of those importers who jumped on the bandwagon?  Also, I would like to know what the percentage of plaintiffs may be in reference to the importing community in its entirety if available.   =========== Answers: There are hundreds…we filed…it […]

  • SEC 301 EXCLUSION PROTESTS

    QUESTION: During the USTR exclusion review process several years ago, we filed protests requesting that CBP suspend liquidation on entries / lines that may contain products that are or could potentially be eligible for an exclusion.  At this point USTR was still reviewing thousands of exclusion requests.  Once we identified the entries / lines that […]

  • 301 EXCLUSIONS EXP SEP 30th

    QUESTION: Maybe I missed others asking the same question, but I have not seen any notices of additional extension for 301 exclusions past Sept 30.  Can anyone advise if there is a notice, one way or another, on the fate of the China exclusions due to expire next week? %%%%%%%%%% ANSWER: To provide time to […]

  • SEC 301 EXEMPTION FOR MEDICAL GLOVES

    QUESTION: Has an extension to the exemption from China 301 Tariffs for medical gloves been published?      (4015.19.1010 exempt thru Sept’21, (9903.88.64 85 FR 16987) %%%%%%%%%% ANSWER: The USTR’s current comment period for further COVID-19 extensions doesn’t end until September 27th, so the comment window is still open.  Note that Subheading 4015.19.1010 is an “Annex […]

  • Ch 98 duty-free provision and Section 301

    QUESTION: We import a product from China for which we can apply an HTS 9817 “intended use” provision to make the regular duty 0%.  However, we want to know if the 25% Section 301 would still apply or not. ========== Answers: If the good qualifies under 9817, then the 301 duties do not apply either.  […]

  • MULTIPLE EXCLUSION REQUESTS

    QUESTION: Does anyone in the membership know of any CBP rule that does not allow the use more than one exclusion requester(IOR & IOR’s customer) in a post entry request?  Our company submitted a protest on an entry that had 2 exclusion requesters(IOR & IOR’s customer) and the protest was denied in part. %%%%%%%%%% ANSWERS: […]

  • USTR Section 301 Investigation vs Spain, Italy, India, Britain and Turkey

    OT Fact Sheet: Origin Certification Requirements QUESTION: I recently read that the USTR has issued determinations in the investigations of digital services taxes (DSTs) adopted or considered by India, Turkey, Italy, Britain and Spain finding that each of the DSTs discriminates against US companies, is inconsistent with prevailing principles of international taxation, and burdens or […]

  • ASSISTS AND SEC 301 DUTY

    QUESTION: I work for an importer who pays assists on their products annually as opposed to prorating it and including it in each import entry.  When the entry for the annual assist is filed, should Section 301 duties be part of the duty calculation? **************** Answers: Yes, you pay 301 duties on the value of […]

  • SEC 301 COURT CHALLENGE

    QUESTION: 301 list 3 and 4 Court Challenge Many importers joined the lawsuit challenging the legality of the tariffs for list 3 and list 4.  Some importers were skeptical and did not sign up.  We were told to be able to benefit from the full extent of the potential refund, the court filing had to […]

  • Answer to QUESTION ON SEC 301 AND FTZ SAVINGS

    QUESTION: Do FTZs offer any relief whatsoever from 301 duties? I keep finding this language, first published by CBP, and then reproduced by several law and consulting firms: Per the Federal Register Notice published by the USTR, any product covered by the Section 301 remedy … only may be admitted as “privileged foreign status” as […]