2020 - Page 9 of 12 - Customs & International Trade Law Firm

6th Round of Section 301 Tariff (List 1) Exclusions Extended

Just over two years ago, on July 6, 2018, the United States Trade Representative (USTR) levied an estimated $34 Billion in Tariffs (also known as Tranche 1 or List 1) or against imports into the U.S. from the Chinese Communist Party due to the US’ Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation.

Following the publication of the tariffs, on July 11, 2018, USTR published Exclusion Process Procedures for items included on List 1. Petitioners were required to submit their requests by October 9, 2018, and USTR began granting exclusions in December 2018. Since the initial imposition of the Section 301 duties, USTR has granted 10 rounds of exclusions totaling more than 6,200 requests for List 1. Additionally, there are still more than 6,500 exclusion requests still pending approval for the Action taken on August 20, 2019.

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By Jennifer Diaz|2022-07-07T14:21:14-04:00July 23, 2020|China, China Trade War, Customs Expert, Import, Intellectual Property Rights, International Law, International Trade, Investigation, Supply Chain, U.S Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP)|0 Comments

CBP Seizes $800k of Human Hair From China Alleging Forced Labor

On July 1, 2020, U.S. Customs and Border Protection (CBP) officers in Newark, New Jersey seized an import from China of roughly 13 tons of beauty products and accessories, discovered products made of human hair. The shipment, which came from the Xinjiang Region of China is estimated to be worth over $800,000.00.

The import was seized as a result of a June 17, 2020, Withhold Release Order (WRO) for “imported merchandise made wholly or in part with hair products produced by Lop County Meixin Hair Product Co. Ltd. (Meixin) in Xinjiang, China”.

According to CBP’s Executive Assistant Commissioner for the Office of Trade, there had already been evidence that reasonably indicated that the Chinese hair product company had been using prison labor to produce their merchandise, which is prohibited by Federal statute 19 U.S.C. 1307.

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By Jennifer Diaz|2021-04-09T10:52:19-04:00July 23, 2020|Best Practices, China, China Trade War, Customs Expert, Detention, Enforcement, Import, International Business, International Law, International Trade, Investigation, Pre-compliance, Supply Chain, U.S Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP)|7 Comments

Fifth Round of 301 Product Exclusions Involving List 4A – $300B

On June 23, 2020, U.S. Customs and Border Protection (CBP) issued Cargo Systems Messaging Service (CSMS) #43134617 as guidance on the fifth round of product exclusions for List 4A of the Section 301 trade remedies. These exclusions were announced in Federal Register Notice (FRN) 85 FR 35975. According to the CSMS, duty exclusions granted by the USTR under this exclusion are retroactive for imports on or after the initial effective date of September 1, 2019. To request a refund of Section 301 duties paid on previous imports of products granted duty exclusions by the USTR, importers may file a Post Summary Correction (PSC) if within the PSC filing time frame. If the entry is beyond the PSC filing time frame, importers may protest the liquidation if within the protest filing time frame. These exclusions will be available through September 1, 2020 under 9903.88.49. The following chart details exclusions per Tranche as well as provides the secondary HTSUS that should be used by importers when filing entry with CBP. The secondary HTSUS signals to CBP the merchandise is excluded from the applicable Tranche.

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By Jennifer Diaz|2021-03-26T14:01:36-04:00June 29, 2020|ACE, Best Practices, China, China Trade War, Customs Expert, Enforcement, Export, Import, International Business, International Law, International Trade, U.S. Customs and Border Protection (CBP)|0 Comments

USTR Seeks Comments on China Section 301 Product Exclusion Extensions & Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute

The USTR has been active over the last couple of months in granting exclusions and extending certain exclusions that were scheduled to expire. USTR continues to seek comments from industry to determine its next steps. This blog is a snap-shot of the USTR’s comment and exclusion request docket. Currently USTR is seeking comments on the Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute and China Section 301 Product Exclusion Extensions. Here is the breakdown:

ENFORCEMENT OF U.S. WTO RIGHTS IN LARGE CIVIL AIRCRAFT DISPUTE

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By Jennifer Diaz|2020-06-29T16:17:20-04:00June 29, 2020|Best Practices, China, China Trade War, Customs Expert, Enforcement, International Business, International Law, International Trade, U.S. Customs and Border Protection (CBP)|0 Comments

USMCA Import Considerations for Practitioners
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USMCA Import Considerations for Practitioners
Best Practices, Bloomberg, Bloomberg Import, Customs Expert, Enforcement, Export, Import, International Business, International Law, International Trade, NAFTA, USMCA

USMCA Import Considerations for Practitioners

Diaz Trade Law is enthusiastic to announce that another one of their articles, “USMCA Import Considerations for Practitioners,” was published by Bloomberg Law! Below is the article reproduced with permission for your reading pleasure. We’d love to hear your feedback!

You can read the article here, by clicking USMCA Import Considerations for Practitioners (where you’ll have the ability to access all of the great hyperlinks) you cannot click on below.

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By Jennifer Diaz|2023-08-03T15:06:12-04:00June 26, 2020|Best Practices, Bloomberg, Bloomberg Import, Customs Expert, Enforcement, Export, Import, International Business, International Law, International Trade, NAFTA, USMCA|2 Comments

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