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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

China Tariff Update – List 2 Exclusions Extended

If you import goods subject to List 2/Tranche 2 China tariffs, read on!

Background:

Effective August 23, 2018, the U.S. Trade Representative imposed additional 25 percent duties on goods of China classified in 279 eight-digit subheadings of the Harmonized Tariff Schedule of the United States (HTSUS), with an approximate annual trade value of $16 billion. See 83 FR 40823 for List 2; the $16 billion action. The U.S. Trade Representative’s determination included a decision to establish a process by which U.S. stakeholders could request exclusion of particular products classified within an eight-digit HTSUS subheading covered by the $16 billion action from the additional duties. The U.S. Trade Representative issued a notice setting out the process for the product exclusions and opened a public docket. See 83 FR 47236 (the September 18 notice). […]

By Jennifer Diaz|2022-07-07T14:22:48-04:00July 31, 2020|Best Practices, China, China Trade War, HTSUS, Import, Intellectual Property Rights, International Business, International Law, International Trade, Investigation, IPR, Trademarks and Logos, Supply Chain|0 Comments

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