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NEW List 1- Section 301 Extensions

On June 3, 2020, the Office of the United States Trade Representative (USTR), requested the public to submit comments regarding potential product exclusion extensions for items subject to Section 301 Tariffs. This comment period specifically applied to products that were included on List 1, which went into effect on July 6, 2018, and had an annual trade value of $34 Billion.

List 1 imposed 25 percent additional duties on 818 eight-digit subheadings of the Harmonized Tariff Schedule of the United States (HTSUS).

The June 3 announcement was made via federal register notice and stated that submissions were to be made no later than July 7, 2020. Less than three months later, on September 20, 2020, USTR announced its determination to extend certain exclusions through the end of the year.

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By Jennifer Diaz|2022-07-07T14:29:31-04:00September 24, 2020|China, China Trade War, Customs Expert, Enforcement, Export, HTSUS, Import, Intellectual Property Rights, International Business, International Law, Pre-compliance, Supply Chain, U.S. Customs and Border Protection (CBP)|0 Comments

Pending Section 301 Lawsuit Could be A Windfall – But You Have to Act Now

Possible Court Challenge to Section 301 Duties

A coalition of importers has just filed a Court challenge to the USTR’s imposition of Section 301 duties on certain imports from China under lists 3 and 4. These duties were imposed as part of a process purportedly intended to address intellectual property abuses by China. Specifically, this coalition has claimed that these duties were imposed contrary to law and ignored the statutory deadlines in Section 301.

Further, the coalition has argued that these duties were not imposed in response to the intellectual property violations alleged in the initiation notice, but rather were filed in response to the retaliatory tariffs enacted by China. Accordingly, the coalition argues, such tariffs were void from the initial imposition. […]

By Jennifer Diaz|2022-07-07T14:27:08-04:00September 15, 2020|China, China Trade War, Customs Expert, Expert, HTSUS, Import, Intellectual Property Rights, International Business, International Law, International Trade, Investigation, IPR, Trademarks and Logos, Supply Chain, U.S. Customs and Border Protection (CBP)|2 Comments

Exclusion Extensions Granted for List 4A

On September 2, 2020, via Federal Register Notice, the United States Trade Representative formally announced its determination to extended certain previously granted exclusion requests through the end of the year; December 31, 2020.

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By Jennifer Diaz|2022-07-07T14:26:23-04:00September 3, 2020|China, China Trade War, HTSUS, Import, Intellectual Property Rights, International Business, International Law, International Trade, Investigation, IPR, Trademarks and Logos, Pre-compliance, Supply Chain, U.S. Customs and Border Protection (CBP)|0 Comments

U.S. Ends Differential Treatment for Hong Kong

On Tuesday, August 11, 2020, United States Customs and Border Protection (CBP) announced via Federal Register Notice that all items made in Hong Kong and destined for the U.S. must now indicate “China” as the country of origin.

Hong Kong’s unique political situation as an autonomous city-state initially called for specially tailored laws and regulations governing items imported into the United States. For more than 20 years the US recognized the separation between China and Hong Kong, evidenced by the requirements to distinguish between the two. Additionally, in light of the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation; as well as the regime’s human rights and forced labor abuses, the United States is especially keen on identifying items produced in China.

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By Jennifer Diaz|2022-07-07T14:24:50-04:00August 19, 2020|AD/CVD, Best Practices, China, China Trade War, Customs Expert, Enforcement, Export, HTSUS, Import, Intellectual Property Rights, International Business, International Law, International Trade, IPR, Trademarks and Logos, Supply Chain, Technology, U.S. Customs and Border Protection (CBP)|0 Comments

List 3 Exclusion Extensions Granted – Did Your HTS Make the Cut?

Over 200 exclusions set to expire on August 7^th are now effective until the end of the year.

In September 2018, as part of the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation, the US imposed a 10 percent ad valorem duties on more than 5,700 goods from China worth approximately $200 billion (List 3). Since the publication of the exclusion process on June 24, 2019, the United States Trade Representative (USTR) has granted 15 rounds of relief.

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By Jennifer Diaz|2022-07-07T14:23:52-04:00August 11, 2020|China, China Trade War, Customs Expert, HTSUS, Import, Intellectual Property Rights, International Business, International Law, International Trade, IPR, Trademarks and Logos, Pre-compliance, Supply Chain, U.S. Customs and Border Protection (CBP)|0 Comments

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