Harmonized Tariff Schedule

Element Electronics wants a slot to appear at public hearings Aug. 20-23 to urge removal of two Harmonized Tariff Schedule classifications of Chinese LCD panel imports (HTS 9013.80.90 and 8529.90.13) from the list of proposed 10 percent Section 301 tariffs, the company said in a filing posted July 26 in docket USTR-2018-0026. Element is “the sole U.S. mass assembler” of LCD TVs, producing about 2.5 million sets a year at its plant in Winnsboro, South Carolina, and is among the local county's top 20 employers, the company said. The Internet Association also wants to testify at the hearings, for the removal of 22 tariff lines “that cover products internet companies use to function on a daily basis,” including “control or adapter units for automatic data processing machines” and other components, it said in a filing posted July 26. Imposing new duties on the 22 tariff lines “would not help to correct China's practices, but would cause disproportionate economic harm to American internet companies,” the association said. July 27 is the deadline for filing requests to appear at the hearings.

The Bureau of Industry and Security issued a list of frequently asked questions about product exclusions from the Section 232 tariffs on steel and aluminum. Among the answered questions are how to seek a different decision if a company disagrees with a denial. If the denial is the result of an inaccurate Harmonized Tariff Schedule classification, the company should contact CBP and then resubmit the request with the correct classification. "If the denial is based on an objection, the requester may file a new exclusion request and include information documenting the reason why the new request should be granted notwithstanding the prior objection(s)," BIS said. "This information could include, for example, the documentation of the inability or refusal of the objector(s) to provide the product." The lack of denial appeal procedure is among some complaints about the exclusion process (see 1807230062).

The Consumer Technology Association wants the Office of the U.S. Trade Representative to remove 54 tariff lines from the list of imports from China targeted for a second tranche of 25 percent Trade Act Section 301 duties, said Sage Chandler, vice president-international trade, in comments filed July 23 in docket USTR-2018-0018. Chandler also testified at the USTR’s public hearing on July 24. The 54 tariff lines were well more than double the 22 Harmonized Tariff Schedule product codes that Chandler said CTA members had identified nearly four weeks ago for exclusion from the new list of duties (see 1807100025). Tariffs on the proposed products “will harm the very industries they seek to protect, all while failing to influence China's behavior or help the administration's stated goal of eliminating China’s discriminatory trade practices,” Chandler said in her latest comments.

More than 20 businesses and trade groups -- the first set of more than 80 scheduled to testify -- told the Section 301 investigation panel on July 24 that including their imports on the tariff list of $16 billion in Chinese products will lead to higher consumer prices, lower profits, abandoned expansion plans or worse. For Jane Hardy, CEO of Brinly-Hardy Company in Kentucky, having Harmonized Tariff Schedule heading 8432.4200, fertilizer spreaders, added to the list is an existential threat. With the tariff on steel, her family-owned company, founded in 1839, began paying 25 percent to 37 percent more for the metal, even though she'd always bought domestic steel. Then, with the first tranche of Section 301, Chinese wheels and hardware that her Indiana factory uses as it builds equipment were taxed at 25 percent.

CBP is extending the comment period to Aug. 23 on an existing information collection related to the entry/immediate delivery applications and ACE cargo release, it said in a notice.

Maritime and shipping container companies, a major trucking company and companies big and small whose livelihoods depend on Chinese imports will testify across a day and a half of hearings to help the Office of the U.S. Trade Representative determine which imports should be taxed to bring the list up to $50 billion in goods (see 1806210029). So far, $34 billion worth of imports are being taxed at 25 percent (see 1806150003). The USTR released a schedule of witnesses for the hearings, which will begin July 24 at 9:30 a.m. at the U.S. International Trade Commission in Washington.

It’s “difficult to read the tea leaves,” or “glean” any lessons, from why the Office of the U.S. Trade Representative removed certain tariff lines from the initial list of Section 301 tariffs, said David Cohen, a lawyer with Sandler Travis, during Sports & Fitness Industry Association (SFIA) webinar July 18. The USTR on June 15 announced it deleted 40 percent of the product lines from its first list of proposed Section 301 tariffs on Chinese imports (see 1806150003). The rationale behind those changes isn't apparent, he said.

A Display Supply Chain Consultants analysis of International Trade Commission data found the firm’s initial read that the Chinese-sourced display product lines targeted July 10 for proposed 10 percent Trade Act Section 301 tariffs (see 1807110055) accounted for minuscule import shipments in 2017, DSCC President Bob O’Brien told us. Of the 21 Harmonized Tariff Schedule (HTS) product codes listed in the Office of the U.S. Trade Representative notice under the “8528" heading for displays, only four of those classifications of imports had customs values exceeding $1 million last year for all countries of origin, including China, O’Brien said.

The Section 301 tariffs on goods from China do not apply to covered imports that are part of a set if that set is classified under a subheading that is not included in the Section 301 list, CBP told the National Customs Brokers & Forwarders Association of America. "If the product that imparts the essential character to the set (i.e., the [Harmonized Tariff Schedule of the U.S.] under which the entire set is classified) is covered by the Section 301 remedy, then the entire set will be subject to the additional 25% duties," CBP told the NCBFAA. "If the HTSUS under which the entire set is classified is not covered by the Section 301 remedies, but the set contains a component that is classified in a subheading covered by the 301 list, the 301 duties will not be assessed on the individual component at this time."

The Commerce Department issued notices in the Federal Register on its recently initiated antidumping and countervailing duty investigations on steel racks from China (A-570-088/C-570-089). The CV duty investigation covers entries Jan. 1, 2017, through Dec. 31, 2017. The AD duty investigation covers entries Oct. 1, 2017, through March 31, 2018.