The International Trade Commission on June 12 posted new Revision 13 to the 2020 Harmonized Tariff Schedule. This latest revision implements a round of exclusions from the fourth tranche of Section 301 tariffs on products from China, under subheading 9903.88.49 and U.S. note 20(bbb) to subchapter III of chapter 99 (see 2006090018). The ITC also amended an existing exclusion from the tariffs for certain pill crushing and grinding machines of subheading 8479.82.0080, per a USTR notice issued June 8.
Harmonized Tariff Schedule
The Harmonized Tariff Schedule (HTS) is a reference manual that provides duty rates for almost every item that exists. It is a system of classifying and taxing all goods imported into the United States. The HTS is based on the international Harmonized System, which is a global standard for naming and describing trade products, and consists of a hierarchical structure that assigns a specific code and rate to each type of merchandise for duty, quota, and statistical purposes. The HTS was made effective on January 1, 1989, replacing the former Tariff Schedules of the United States. It is maintained by the U.S. International Trade Commission, but the Customs and Border Protection of the Department of Homeland Security is responsible for interpreting and enforcing the HTS.
Aluminum waste recovered from a manufacturing process in a foreign-trade zone is not subject to Section 232 tariffs or to antidumping and countervailing duties upon entry, CBP said in a May 8 ruling. Shannon Fura, a lawyer with Page Fura, sought CBP's ruling on behalf of the U.S. Granules Corp. (USGC). The company buys aluminum scrap and waste from suppliers that generate recoverable aluminum from manufacturing operations within an FTZ, it said.
The Office of the U.S. Trade Representative announced a new round of Section 301 tariff exclusions (see 2006090003). New subheading 9903.88.49 will be used for the new exclusions. The new set of exclusions are reflected in “two 10-digit [Harmonized Tariff Schedule of the United States (HTSUS)] subheadings and 32 specially prepared product descriptions, which together respond to 55 separate exclusion requests,” according to the notice. The product exclusions apply retroactively to Sept. 1, 2019, and will remain in effect until Sept. 1, 2020.
The International Trade Commission on June 4 issued Revision 12 to the 2020 Harmonized Tariff Schedule. This latest edition implements a June 2 notice from the Office of the U.S. Trade Representative that extends some exclusions from list 1 Section 301 tariffs on products from China (see 2005290020). The extended exclusions are listed in new U.S. Note 20(ccc) to Chapter 99 in the tariff schedule, and goods entered under these exclusions are classifiable under new subheading 9903.88.0050.
Women’s trousers imported by Lockhart Textiles that are made from a yarn that includes metal nanopowders are classifiable as trousers of synthetic fibers, rather than of “other textile materials,” the Court of International Trade said in a May 29 decision. Directly addressing the central issue of a series of cases on Best Key yarn that skirted it over five years ago (see 1502030060), CIT found the yarn used to make the trousers is not classifiable as “metalized yarn” of heading 5605.
The International Trade Commission recently issued two more revisions to the Harmonized Tariff Schedule to implement extended and new exclusions from Section 301 tariffs on China. In Revision 11, issued May 29, the ITC implemented new exclusions from List 3 tariffs under U.S. Note 20(aaa) and subheading 9903.88.48 (see 2005220020). The agency also removed two list 4 exclusions (see 2005270022), and extended some exclusions from the first list of Section 301 tariffs that had been set to expire May 14 (see 2005130003), according to the change record.
A U.S. manufacturer seeks the imposition of new antidumping duties on walk-behind lawn mowers from China and Vietnam, as well as countervailing duties on walk-behind lawn mowers from China, it said in petitions filed with the Commerce Department and the International Trade Commission May 26. Commerce will now decide whether to begin AD/CVD investigations, which could result in the imposition of permanent AD/CV duty orders and the assessment of AD and CV duties on importers.
The government is considering how quickly it can get through a legislative fix to U.S.-Mexico-Canada Agreement implementation provisions that allow for duty refunds on post-importation preference claims, but not a refund of merchandise processing fees, said Maya Kumar, director of textiles and trade agreements at CBP. She said on May 22 that CBP officials “do not think that was the intent of the law.” Kumar, who was speaking at the National Association of Foreign-Trade Zones virtual conference, said that if it's at all possible, CBP would like to see that fixed by Congress before USMCA's entry into force July 1. “We’re trying to work with [the office of the U.S. Trade Representative] as well as Congress and see how quickly they can do that,” she said.
The Office of the U.S. Trade Representative issued some new product exclusions from Section 301 tariffs on the third list of products from China, according to a pre-publication copy of a notice posted to the agency’s website May 21 (see 2005220014). The product exclusions apply retroactively to Sept. 24, 2018, the date the tariffs on the third list took effect, and will remain in effect until Aug. 7, 2020. New Harmonized Tariff Schedule of the U.S. subheading 9903.88.48 will be used for these products.
A machine used for mining cryptocurrency differs from computers and other electronics classified as automatic data processing machines, CBP said in an April 30 ruling. Coinmint, which imported a Bitmain Antminer S9 Bitcoin Miner in 2016, requested a CBP ruling after the agency liquidated the entry under subheading 8543.70.99, which provides for “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Other: Other: Other.” The company said the mining machine should be classified as an ADP machine.