The withdrawal of an exemption from solar cells safeguards for bi-facial cells is still on hold, after the Court of International Trade on Nov. 7 issued a temporary restraining order blocking implementation until at least Nov. 21. The court’s order bars the Office of the U.S. Trade Representative and CBP from withdrawing the exclusion from safeguard duties or modifying the Harmonized Tariff Schedule to end the exemption. Though it expires Nov. 21, the temporary restraining order may be renewed or replaced by a more permanent preliminary injunction that is currently being considered by CIT. The withdrawal of the exclusion for bi-facial solar cells was initially supposed to take effect Oct. 28 (see 1910080054), before a legal challenge filed by Invenergy and joined by the Solar Energy Industries Association prompted a delay of the withdrawal (see 1911050034).
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.
CBP created Harmonized System Update (HSU) 1918 on Oct. 31, containing 2,573 Automated Broker Interface records and 539 Harmonized Tariff Schedule records, it said in a CSMS message. The update includes recently announced changes to the Generalized System of Preferences (see 1910280044).
CBP should take action to improve issues of inadequate desk space, exam formats and question structures, among other things, the National Customs Brokers & Forwarders Association of America said in an Oct. 31 letter to the agency. The NCBFAA sent the letter after soliciting comments from those who took the October customs broker license exam, it said. The lack of desk space was the more frequent complaint, due the required use of the printed Harmonized Tariff Schedules and the Customs Regulations. "There can be no doubt that the space limitation had a material adverse effect on the outcome of the examination," the NCBFAA said. "This issue must be remedied for future examinations." CBP should also work with the proctoring company to "create a uniform testing experience in an optimal testing environment," the NCBFAA said. CBP didn't immediately comment.
The International Trade Commission issued Revision 16 to the Harmonized Tariff Schedule. Changes in the new edition that take effect Nov. 1 include the restoration of eligibility of many Ukrainian goods for the Generalized System of Preferences, as well as implementation of the results of the Office of the U.S. Trade Representative’s 2019 GSP product review, which also requires minor changes to tariff subheadings for certain plywood. A new set of exclusions from Section 301 tariffs on products from China are also added to the tariff schedule.
The International Trade Commission has issued Revision 15 to the 2019 Harmonized Tariff Schedule. The only substantive change from the previous HTS edition is the removal of an exemption from solar cells safeguard duties for double-sided solar panels, as announced by the Office of the U.S. Trade Representative in early October (see 1910080054).
CBP added the ability in ACE for importers to file entries with recently excluded goods in the first tranche of Section 301 tariffs on Oct. 8, it said in a CSMS messages. For the first tranche exclusions, filers of imported products that were granted an exclusion (see 1909300041) should report the regular Chapters 84, 85, 88 and 90 Harmonized Tariff Schedule number, as well as subheading 9903.88.19. “Importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 duties when" subheading 9903.88.19 is submitted, CBP said.
CBP issued the following releases on commercial trade and related matters:
CBP created Harmonized System Update (HSU) 1917 on Oct. 18, containing 81 Automated Broker Interface records and 26 Harmonized Tariff Schedule records, it said in a CSMS message. The update includes recently announced exclusions and other changes to the Section 301 tariffs (see 1909300009). Another change is related to the tariffs on goods from Europe that began on Oct. 18 (see 1910170049)
The Commerce Department issued notices in the Federal Register on its recently initiated antidumping and countervailing duty investigations on glass containers from China (A-570-114/C-570-115). The CV duty investigation covers entries Jan. 1, 2018, through Dec. 31, 2018. The AD duty investigation covers entries Jan. 1, 2019, through June 30, 2019.
The Commerce Department is beginning an inquiry into allegations from the domestic paper industry that uncoated paper is being imported in the form of sheeter rolls to circumvent antidumping and countervailing duties on uncoated paper from Australia, Brazil, China and Indonesia (A-602-807, A-351-842, A-570-022/C-570-023, A-560-828/C-560-829). In this anti-circumvention inquiry, Commerce will determine whether sheeter rolls imported from Australia, Brazil, China and Indonesia should be subject to the AD/CV duty orders on uncoated paper from those countries.