CBP is planning to put out some more information about the power of attorney requirements for customs brokers filing Type 86 entries, a CBP official said during a Sept. 12 call with software developers. The agency's Type 86 test notice (see 1908120019) mentions that CBP is "requiring that consignees intending to file an entry type '86' appoint a customs broker to act as the importer of record (IOR) for the shipment" and that "customs brokers must be designated to enter qualifying shipments through a valid power of attorney." While filing Type 86 entries is considered "customs business," CBP's "intention was not to have a broker go out and get thousands of powers of attorney when they're doing these type of shipments," the CBP official said. "So we are working with our attorneys to get some kind of clarification out there of what we mean by 'power of attorney,'" she said. For Type 86 entries that are subject to the Section 301 tariffs on China, CBP does not "expect" the filer to include Chapter 99 tariff numbers that are required for other entries with Section 301 goods, the official said.
Section 301 Tariffs
Section 301 Tariffs are levied under the Trade Act of 1974 which grants the Office of the United States Trade Representative (USTR) authority to investigate and take action to protect U.S. rights from trade agreements and respond to foreign trade practices. Section 301 of the Trade Act of 1974 provides statutory means allowing the United States to impose sanctions on foreign countries violating U.S. trade agreements or engaging in acts that are “unjustifiable” or “unreasonable” and burdensome to U.S. commerce. Prior to 1995, the U.S. frequently used Section 301 to eliminate trade barriers and pressure other countries to open markets to U.S. goods.
The founding of the World Trade Organization in 1995 created an enforceable dispute settlement mechanism, reducing U.S. use of Section 301. The Trump Administration began using Section 301 in 2018 to unilaterally enforce tariffs on countries and industries it deemed unfair to U.S. industries. The Trump Administration adopted the policy shift to close what it deemed a persistent "trade gap" between the U.S. and foreign governments that it said disadvantaged U.S. firms. Additionally, it pointed to alleged weaknesses in the WTO trade dispute settlement process to justify many of its tariff actions—particularly against China. The administration also cited failures in previous trade agreements to enhance foreign market access for U.S. firms and workers.
The Trump Administration launched a Section 301 investigation into Chinese trade policies in August 2017. Following the investigation, President Trump ordered the USTR to take five tariff actions between 2018 and 2019. Almost three quarters of U.S. imports from China were subject to Section 301 tariffs, which ranged from 15% to 25%. The U.S. and China engaged in negotiations resulting in the “U.S.-China Phase One Trade Agreement”, signed in January 2020.
The Biden Administration took steps in 2021 to eliminate foreign policies subject to Section 301 investigations. The administration has extended and reinstated many of the tariffs enacted during the Trump administration but is conducting a review of all Section 301 actions against China.
President Donald Trump has “overstepped his power” to impose Section 301 tariffs on Chinese goods, “and our nation’s businesses and families are footing the bill,” Consumer Technology Association President Gary Shapiro said Sept. 11, urging Congress to “intervene” in the U.S.-China trade war. With fewer than 40 legislative days left this year, the House and Senate should hold hearings on S. 899 and H.R. 3477, Shapiro said. The bills would raise congressional oversight of the Trump administration’s Section 301 tariff actions, but have gone nowhere since being introduced months ago (see 1906250029). The legislation would “protect Americans from this seemingly endless trade war,” Shapiro said. “Congress has the power to review and should use its limited time left to investigate the scope and intent of the president’s misguided trade policy.”
Samsung’s Galaxy Tab S6, released for sale on Sept. 6 and marked on the packaging as a product of Vietnam, typifies the growing volume of Vietnamese-sourced tablets and laptops imported to the U.S. under Harmonized Tariff Schedule subheading 8471.30.01. Though the overwhelming majority of those goods continue to originate from China, Vietnam is emerging as a more important country of origin, according to Census Bureau trade data accessed through the International Trade Commission’s DataWeb tool.
Walmart Chief Merchandising Officer Steve Bratspies was “really proud” how his team mitigated the cost impact of the Lists 1, 2 and 3 Section 301 tariffs on Chinese goods, he told a Barclays investor conference Sept. 4. List 4, which covers virtually all China-sourced goods not previously tariffed, “makes it tougher” to manage, Bratspies said. “There's no doubt about that.” With the previous three tariff rounds, “there were a few prices” that Walmart did have to raise, “but we didn't see any change in our unit projection of where we thought it would be, so that was absorbed,” he said. “We were very focused and targeted on how we did it. We didn't let any of our price gaps slip, and we maintained price leadership.” Though List 4 “gets tougher,” Walmart plans “the same approach that we took to List 3, which is we literally go through item by item,” Bratspies said. “That's what our buyers do.” There's “a whole bunch of different levers that a buyer can pull to understand how to manage that,” he said. The goal is to “offset as much as we possibly can either through negotiation or managing mix,” he said. Even if Walmart needs to raise prices as a “last resort” to maintain margins where they need to be, “we're going to run the Walmart model, which is we want to lead on price,” he said. Walmart last month slightly scaled back full-year expectations on consolidated net sales growth, factoring in the impact of the List 4 tariffs when they were still at 10 percent (see 1908150049).
Wendy Cutler, former acting deputy U.S. trade representative, says that the first bucket of Section 301 tariffs, the ones tailored to Made in China 2025, worked. Even though Cutler is generally not a fan of tariffs, she said, "I think those succeeded … in getting China to negotiate in earnest."
The International Trade Commission recently released Revision 12 to the 2019 Harmonized Tariff Schedule. Changes in the latest version relate entirely to the imposition of 15 percent Section 301 tariffs on products from China, effective Sept. 1. New U.S. Note 20(r) and U.S. Note 20(s) are added to subchapter III of chapter 99 describing the applicable tariff treatment and HTS subheadings covered by the new tariffs, respectively. New subheading 9903.88.15 is added for goods subject to the new List 4 tariffs.
International Trade Today is providing readers with some of the top stories for Aug. 26-30 in case they were missed.
The U.S. trade representative is telling the World Trade Organization that the case China brought against the U.S. for Section 301 tariffs should be dropped. "China’s decision to launch this dispute is hypocritical. China is currently retaliating against the United States by imposing duties on most U.S. exports -- over $100 billion of trade. China cannot legitimately challenge measures at issue for being 'unilateral' and WTO-inconsistent, while at the same time openly adopting its own unilateral tariff measures in connection with the very same matter."
As the 15 percent List 4A Section 301 tariffs took effect Sunday on $52 billion worth of TVs, Bluetooth headphones, smartwatches and other China-sourced consumer tech goods, the Consumer Technology Association marked the development by renewing its call for congressional legislation to rein in presidential authority to wage tariff actions. The U.S. president “does not have unilateral authority on trade,” CTA CEO Gary Shapiro said.
CBP has assessed about $35.9 billion in duties under the major trade remedies started during the Trump administration as of Aug. 28, according to CBP's trade statistics page. That includes $27 billion in duties from the Section 301 tariffs on goods from China. The assessed tariffs under Section 301 will likely start to increase quicker once the planned 15 percent tariffs take effect on Sept. 1 (see 1908270066). CBP also has assessed about $6.1 billion under the Section 232 tariffs on steel and $1.7 billion under tariffs on aluminum. The Section 201 trade remedies on washing machines, washing machine parts and solar cells (see 1801230052), imposed Jan. 23, 2018, account for $1 billion in assessed tariffs.