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NEWS ALERT – USTR’s newly Announced List 3 Exclusion process and List 4 Comment and Hearing Process

USTR published a Federal Notice on May 21, laying out the exclusion process for list 3. USTR anticipates that the exclusion period will open up on or around June 30^th. USTR estimates that over 60,000 US Stakeholders will request an exclusion for a particular product. On May 13, USTR proposed a 4^th list, which slaps a 25% tariff on roughly 300 billion worth of goods. From food products to furniture, the proposed list would include “essentially all products not currently covered” under previously imposed lists including literally thousands of irrelevant goods.

If your product appears on any Section 301 tariff list there are three avenues to potentially get it removed. You may submit a comment, attend public hearings, or obtain an exclusion. Below is a big picture of the past and future opportunities get products off tariff lists:

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By Jennifer Diaz|2019-10-31T16:01:20-04:00May 29, 2019|China, China Trade War, Customs Expert, HTSUS, Intellectual Property Rights, International Business, International Law, International Trade, U.S. Customs and Border Protection (CBP)|4 Comments

China Tariff Hike Postponed – USTR to Establish an Exclusion Process – Seminar on “China Tariffs/AD/CVD 101”

The on-going trade war continues as China and the US make progress to come to an agreement. For background information on past actions taken by the Trump Administration to protect American Intellectual Property, check out our previous blogs.

China Tariff Increase is Postponed

President Trump reported in a February 24th tweet that as a result of the “substantial progress” in trade negotiations with China on “important structural issues” he will be delaying the increase from 10 percent to 25 percent in the additional Section 301 tariffs on the List 3 goods (valued at about US$200 billion) that is scheduled to take place on March 2nd. To formalize the extension, the administration will have to publish a Federal Register notice stating the Section 301 additional tariff on the so-called List 3 products will remain at ten percent for now and the notice will likely provide the new date for the tariff increase. To date no formal notice has been published.

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By Jennifer Diaz|2022-07-07T13:21:09-04:00February 28, 2019|AD/CVD, Best Practices, China, China Trade War, Customs Broker, Expert, Export, HTSUS, Import, International Business, International Law, International Trade, Pre-compliance, U.S. Customs and Border Protection (CBP)|0 Comments

Missed DTL’s seminar on AD/CVD with CBP? Here’s a re-cap.

Yesterday we at DTL had the pleasure of hosting Part 1 of 2 of our Seminar Series for Compliance Professionals. In celebration of #WorldTradeMonth the first seminar concentrated on Antidumping Duties and Countervailing Duties (AD/CVD) with expert speakers from U.S. Customs and Border Protection (CBP). While we had a packed room, we have received requests from industry members who were not able to attend asking for a re-cap. You asked so we delivered!

Here is our re-cap:

The morning kicked off with a networking breakfast where experienced and novice custom brokers, legal counsel, trade consultants, and others were able to engage in meaningful dialogue about overlapping issues they experience in their respective workplaces in dealing with the topic of AD/CVD.

The seminar promptly began at 9:00 am with introductory remarks by our own President, Jennifer Diaz. We had all attendees introduce themselves and include why this seminar was important to attend. We were glad to hear from majority of attendees that their reason for participating was to further their trade education, and CBP wanted to ensure they performed “informed compliance” with the trade community. One attendee commented with “I’m here to continue to learn as that’s what we [customer brokers] are required to do.”

Next, representatives of Miami Free Zone explained their role in international business solutions as they provides users and visitors with […]

By Jennifer Diaz|2017-05-11T14:31:14-04:00May 11, 2017|AD/CVD, CBP 28, CBP 29, CEE, Customs Broker, Customs Expert, Enforcement, HTSUS, Import, International Law, International Trade, Pre-compliance, U.S. Customs and Border Protection (CBP)|0 Comments

Crash Course in the Harmonized Tariff Schedule of the United States

What is the HTSUS?

The HTSUS is the Harmonized Tariff Schedule of the United States.

This post will give a rundown of what the HTSUS is and why it is so important:

The HTSUS was established in 1989 through an act of Congress. This new tariff classification replaced the old Tariff Schedule of the United States.
The “HTS comprises a hierarchical structure for describing all goods in trade for duty, quota, and statistical purposes.”
The hierarchical structure is based on the international Harmonized Commodity Description and Coding System (HS). This system was created by the World Customs Organization, which is based out of Brussels, Belgium.
The HTSUS contains 10 numbers, grouped by chapter, heading and subheadings.
The first 6 digits of the HTS are universal throughout the world.
The HTSUS is the primary source for determining the proper tariff classification for goods that are imported into the United States.
The HTSUS assists importers in deciphering what duties are owed for imported goods.
It is an importers obligation to utilize “reasonable care” in ascertaining the correct HTSUS.
Experts use the HTS, in conjunction with explanatory notes, general notes, general rules of interpretation and Customs Binding Rulings to determine the correct HTS.
Penalties for non-compliance with the HTSUS (i.e., randomly picking the HTSUS with the lowest duty rate) can be severe! 19 U.S.C. 1592 is the statute CBP references when issuing penalties for negligence, gross negligence or fraud – depending on the degree of culpability CBP believes you had at the time of your non-compliance.

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By Jennifer Diaz|2022-07-07T12:12:51-04:00April 26, 2017|Export, HTSUS, Import, U.S. Customs and Border Protection (CBP)|3 Comments

Why Pre-Compliance is a MUST

If the thought of monetary penalties, shipment delays, detentions or seizures of merchandise keep you up at night, then this article is for you. First, it’s quite easy to establish a U.S. company, pick (what you hope is) a terrific customs broker, file Form 5106 with U.S. Customs and Border Protection (CBP) to request your importer number, pick a surety (there are many, your broker will likely sway you to their favorite) and WALLAH! Right? Wrong. No one sits you down during this process to say, wait, importing can be great, but, this is also a LOT of responsibility. Your company (and SOMETIMES even YOU) have liability and a burden when importing. This article will walk you through YOUR burden as an importer, how CBP can question your imports, and how penalties can ensue and what you should be doing about it, in advance!

Importer’s Burden

The best resource (when you’re ready to read 211 pages) is the “Importing into the U.S.” “A Guide for Commercial Importers” by CBP (last revision in 2006). The guide discusses the Trade Act of 2002 and the Customs Modernization Act (the “Mod Act”) and the responsibilities that came to fruition for importers as a result. A key feature of the Mod Act is a “relationship between CBP and importers that is characterized by informed compliance”. What this means is now there is a shared responsibility between CBP and the import community, wherein CBP communicates its requirements to the importer, and the importer, […]

By Jennifer Diaz|2022-07-07T11:27:16-04:00April 7, 2016|Customs Broker, Customs Expert, Events, Expert, HTSUS, Import, International Law, International Trade, Pre-compliance, Speaking, U.S. Customs and Border Protection (CBP)|5 Comments

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