Sec 301

QUESTION: Need help from the membership to identify the basis for identifying the value subject to Section 301 duties. Specifically, if an imported good includes a China-origin component that was sent to a third country for further assembly, but not substantially transformed, what value is subject to Section 301 duties? Logic may dictate that only […]

QUESTION: Does an IOR have any recourse to get the Sec. 301 duties back under the below scenario?  Thanks. The vessel arrived port on 11/27/21. The container discharged on 11/28/21. The broker didn’t file the entry until 12/2/21 and it released the same day. The Exclusion was effective until Nov. 30, 2021. The HTS#’s in […]

QUESTION: Is it true that List 4 goods do not come under the 301 tariffs at 25%? My question has to do with specific HTS code 84819030. It refers you to note 4, which refers you to 9903.88.15, which says the tariff is what is provided in subheadings plus 7.5%. =========================================== ANSWERS: That’s correct, 9903.88.15 […]

QUESTION: If a Canadian company ordered component parts [frames] directly from our subsidiary company in China and had those parts shipped to our US parent company to be assembled with the component parts [rolls] ordered directly from this US based company, would section 301 tariffs or any tariffs apply to the frames ordered from China. […]

QUESTION: Does anyone have the number of importers/plaintiffs that were involved in this lawsuit?  Or is there a list of those importers who jumped on the bandwagon?  Also, I would like to know what the percentage of plaintiffs may be in reference to the importing community in its entirety if available.   =========== Answers: There are hundreds…we filed…it […]

QUESTION: During the USTR exclusion review process several years ago, we filed protests requesting that CBP suspend liquidation on entries / lines that may contain products that are or could potentially be eligible for an exclusion.  At this point USTR was still reviewing thousands of exclusion requests.  Once we identified the entries / lines that […]

QUESTION: Maybe I missed others asking the same question, but I have not seen any notices of additional extension for 301 exclusions past Sept 30.  Can anyone advise if there is a notice, one way or another, on the fate of the China exclusions due to expire next week? %%%%%%%%%% ANSWER: To provide time to […]

QUESTION: Has an extension to the exemption from China 301 Tariffs for medical gloves been published?      (4015.19.1010 exempt thru Sept’21, (9903.88.64 85 FR 16987) %%%%%%%%%% ANSWER: The USTR’s current comment period for further COVID-19 extensions doesn’t end until September 27th, so the comment window is still open.  Note that Subheading 4015.19.1010 is an “Annex […]

QUESTION: We import a product from China for which we can apply an HTS 9817 “intended use” provision to make the regular duty 0%.  However, we want to know if the 25% Section 301 would still apply or not. ========== Answers: If the good qualifies under 9817, then the 301 duties do not apply either.  […]

QUESTION: Does anyone in the membership know of any CBP rule that does not allow the use more than one exclusion requester(IOR & IOR’s customer) in a post entry request?  Our company submitted a protest on an entry that had 2 exclusion requesters(IOR & IOR’s customer) and the protest was denied in part. %%%%%%%%%% ANSWERS: […]

OT Fact Sheet: Origin Certification Requirements QUESTION: I recently read that the USTR has issued determinations in the investigations of digital services taxes (DSTs) adopted or considered by India, Turkey, Italy, Britain and Spain finding that each of the DSTs discriminates against US companies, is inconsistent with prevailing principles of international taxation, and burdens or […]