Sec 301

  • Section 301 Litigation Update

    Question: Has anyone heard when (or if) the Section 301 Litigation oral arguments were presented to the Court of Appeal Justices, or when we might hear another update? Answer 1: The oral arguments have not yet been heard.  The current proposed schedule in Dec. has conflicts with attorneys for the plantiff.  Likely the case will not be heard […]

  • SECTION 301 EXCLUSION

    Question: Hello: Please advise if it is too late to file for a Section 301 Exclusion for film faced plywood c/o China.  What is the procedure to file for an exclusion if it is not too late? Answer 1: There is no process for requesting exclusions from Section 301 at this time. This may not […]

  • HTS for the new tariff increase on Chinese imports of critical minerals

    Question: We are looking for clarification on which HTS of the listed critical minerals will be affected by the announcement last week of increased duties on imports of critical minerals.  There is no further detail in the Federal Register of today May 20. Answer 1: Follow this link and scroll to the bottom. All the […]

  • USMCA and Exceptions for Chinese Companies doing business in Mexico

    Question: Does anyone have insight on whether Section 301 duties would apply to goods manufactured by Chinese companies who have set themselves up in Mexico and export to the US?  Would the US still apply Section 301 duties even if the COO was MX?   I’ve heard there is something along these lines being considered as […]

  • Reduce Section 301 duty for value of U.S. provided components?

    Question: We have a suppler in China that makes a product for us.  We provide a sizable amount of components of other countries’ origins, and this is an assist that we are including in our entered value.  The amount of our assist is actually larger than the supplier’s value add.  Yet we are paying Section […]

  • 19 CFR 120.21 Rules of Origin and Section 301 duties

    Question: I have an item made in China that has been subject to Section 301 duties.  U.S. Customs has just ruled it classified as 6307.90. Looking at 19 CFR 120.21 Rules of Origin for a textile good, it is not wholly obtained in a single country, so (c)(1) doesn’t apply.  It appears that (c)(2) applies, […]

  • Section 301 duties

    Question: Some of the items we import from China are subject to additional Section 301 duties (10% and 25%) because of the HS Code. Because of the high value of imports this will be a significant hit for the company, leadership suggested that we work with the supplier to reduce the purchase price by a […]

  • Return product country of origin China

    Question: Assuming you import goods into the US with country of origin China, some of which are then sold to clients in Mexico and Canada and then some of those products are shipped back to the US for a recycling program. Is there a way to avoid paying Section 301 duties for a second time […]

  • Historical Search of Section 301 by HTSUS?

    Question: I’ve been asked to research the history of a Section 301 exclusion. Is there a method to search the full history of an individual HTS relative to Section 301?    When it was first impacted, in this case List 2; then when it might have been excluded (and refundable), and finally when it is […]

  • SEC. 301 EXCLUSION FOR 5603.92.0090

    QUESTION: HTS code 5603.92.0090 was on the Section 301 exclusion list.  However on July 1, 2022 the HTS for nonwoven 5603.92.0090 was discontinued.  The new HTS is 5603.92.0095 and is no longer specifically called out on the Section 301 exclusion list so does this mean the exclusion is no longer valid.  Can I assume they […]

  • SEC. 301 EXCLUSION GRANTS

    QUESTION: There are no current exclusion remedies that I know of for an importer to request USTR to grant an exclusion for certain HTS codes (all of the exclusions have expired).  I welcome the membership’s confirmation of this or, the membership’s solution to request an exclusion for items that are only produced in China and […]

  • Section 301

    QUESTION: I have a broker telling me that for HTS code 3924.10.3000 the section 301 duty was 25%. If I look at the website I can see that the 99 attached to that HTS code is 99038815 which states 7.5%. Is it possible that at some point it was 25% and then changed to 7.5% […]