International Law

Wondering if your Exclusion Request has been granted or denied? Find out here!

Since the inception of the Trade War with China, the Office of the United States’ Trade Representative (USTR) has provided citizens, primarily those in industries directly affected by the imposition of ad valorem duties (tariffs), the opportunity to request that certain products be granted exclusions. Each list of tariffs has its own, specific process to ensure that concerned citizens may voice their opinions as to why given products do not deserve to be subjected to additional duties upon importation, as prescribed in the Section 301 investigation.

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List 4 Split into Two HTS Lists

USTRAs published by the USTR TODAY: USTR Announces Next Steps on Proposed 10 Percent Tariff on Imports from China

The United States Trade Representative (USTR) today announced the next steps in the process of imposing an additional tariff of 10 percent on approximately $300 billion of Chinese imports.

On May 17, 2019, USTR published a list of products imported from China that would be potentially subject to an additional 10 percent tariff.  This new tariff will go into effect on September 1 as announced by President Trump on August 1.

Certain products are being removed from the tariff list based on health, safety, national security and other factors and will not face additional tariffs of 10 percent.

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Section 301- List 4 Tariffs in Effect Starting September 1

Despite the reignition of tensions in May, hopes of reconciliation began to grow in the preeminence of the G-20 international economic forum, held in June. While substantial progress was not made, President Trump and potential dictator for life Xi Jinping appeared to slow the escalation, coming to a bilateral good-faith agreement. Supposedly, the two nations agreed that the United States would soften the sanctions imposed on Chinese tech giant, Huawei, contingent that China begins to repurchase American agricultural products, as well as halt their exportation of Fentanyl.

The tentative “cease-fire” also intended to delay the United States’ imposition of the threatened list 4, which would levy a 25% ad valorem on roughly $300 Billion worth of Chinese goods. The new round of tariffs looms over China, considering that 2019 proved to be their worst fiscal year in recent memory. In fact, this is the most sluggish Chinese economy in nearly three decades, which many directly attribute to President Trump’s vigilant economic policies.

However, approximately a month since the United States graciously showed the illicit regime restraint, China refuses to uphold their end of the bargain. Chinese imports of American agriculture has failed to accelerate, and similarly, their exportation of Fentanyl remains a major health threat to the United States.

“China agreed to…buy agricultural product from the U.S. in large quantities, but did not do so,” President Trump said. “Additionally, my friend President Xi said that he would stop the sale of Fentanyl to the United States—this never […]

Recap of the 2019 CBP Trade Symposium

Globe Pic U.S. Customs and Border Protection (CBP) held its annual Trade Symposium on July 23 – 24, 2019, in Chicago, IL. With over a thousand attendees, this year’s trade symposium provided a high-level overview of the Agency’s current stance on various issues and the need for stronger partnership between all stakeholders, including the trade community. DTL was on the ground meeting with CBP to get answers to our client’s questions and ensuring we keep our readers in the loop on CBP’s TOP trade priorities. The two-day event included panel discussions and one on one meetings with the Directors and Executive Directors other Centers of Excellence and Expertise, along with exhibitor booths that ranged from CBP Enforcement of Forced Labor, AD/CVD, and IPR to USDA and FDA. Here is a detailed recap of who, what, and when:

DAY ONE:

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Section 301 – List 3 Tariff Exclusion Requests Open Until September 30th

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On May 9, 2019, the Office of the United States Trade Representative (USTR) published a Federal Register Notice announcing that an exclusion process will become available for all goods included on List 3. All products included on List 3 are now subject to an additional 25 percent tariff (raised from 10%).
On Monday, June 24, 2019, USTR released a Notice detailing the exclusion process. As discussed in our previous blog, the exclusion process opened up via an online portal on June 30, 2019, and will remain open until September 30, 2019.

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