Sec 301

  • Extended Protest Period for 301 Exclusions

    QUESTION: Are members aware of any provisions that allow an importer to file a protest after the 180-day post-liquidation period?  We would like to look into refunds for products under newly issued Section 301 tariff exclusions.  Requesting extension for the liquidation date is no longer an option for many of the entries. ========== Answers: There […]

  • REFUND OF 301 DUTIES AND INTEREST

    QUESTION: Are 301 tariff exclusion refunds, whether by protest or PSC, considered the same as a refund for excessive duties under 19 CFR § 24.36, and therefore entitled to interest accrued from the date the excessive or 301 duties, were deposited with Customs? ========== Answers: 301 refunds will include interest. ========== Yes, you will be […]

  • SEC 301 DRAWBACK AND NAFTA LESSER OF TWO

    QUESTION: My company will be importing parts for a crushing machine from China. US HTS 8474.90.0020.  These parts are subject to the 301 tariffs.  These parts will then be exported to Canada. It looks as if 301 duties can be part of a drawback program, but it also looks like they are subject to the  […]

  • 301 TARIFF EXCLUSION REQUIREMENTS

    QUESTION: We imported a lot of Backpacks from China and one of the HTS # was qualified for exclusion last month. CBP exclusion requirement – 45) Backpacks with outer surface of textile materials of man-made fibers, each measuring at least 35 cm but not more than 75 cm in height, at least 19 cm but […]

  • SEC 301 EXCLUSIONS AND PSC

    QUESTION: We were just approved for our 301 exclusion request and it’s valid until August 2020. Is there an option to extend this beyond August?  I read a membership answer that you cannot submit a PSC after 300 days of entry even if a liquidation extension is in place. Is this true I can only […]

  • EXCLUSION FILING TIMELINES

    QUESTION: In my company, we are reviewing the exclusions lists and thinking of filing for exclusions for our commodities. Is there a timeline that I need know in order to file for my products to be review for exclusion? ***************** Answers: This will depend on which section duties program you are interested in.  For instance, […]

  • PSC for China tariff exclusions

    QUESTION: Do I need a broker to submit PSC in one submission for all our past entries that have now been granted an exclusion?  I have access to ACE but have never submitted a PSC and I did request liquidation extensions last year so they have not liquidated.  How long does it take to receive […]

  • Exclusion HTS 9903.88.40 – Available in ACE for use yet?

    QUESTION: We qualify for a section 301 exclusion. (hooray!) We can begin use of the HTS (9903.88.40) assigned to take advantage of the exclusion on our future entries. CBP has not yet updated ACE with this particular exclusion HTS (per broker). Questions: Is our broker right? Where might I be able to confirm when an […]

  • Section 301 duty reduction on List 4 (A) entries with an I.T.

    QUESTION: I am being told by my broker that for shipments where an I.T. was issued before Feb 14 the reduction in duty will not apply as that takes precedence over any later elected entry date/good entered or withdrawn for consumption.   This is contrary to what the FR notice says: “Effective with respect to goods […]

  • EXCLUSION REQUESTS AND THE ITA

    QUESTION: Can anyone speak to the timing?  How long do I have to wait before the ITA rules on my exclusion request, and its rebuttals, etc? =========== Answer: I echo the previous comment by Paul that there is no set timing. Nor is there any set order for review. Our company filed List 3 exclusion […]