A Chinese Foreign Ministry spokesperson sidestepped questions at a Beijing news conference May 17 about media reports suggesting new U.S.-China trade talks are off the table for now. Presidents Donald Trump and Xi Jinping “have maintained contact through various means,” the spokesperson said. The Office of the U.S. Trade Representative didn’t comment. The U.S. and China “intend to continue further discussions,” a USTR notice in the Federal Register said, officially proposing the 25 percent Section 301 tariffs on $300 billion in Chinese goods not previously dutied. Requests to appear at public hearings on the proposed List 4 tariffs are due June 10 in docket USTR–2019–0004 at regulations.gov, and written comments are due June 17, the same day the hearings are set to begin. Post-hearing rebuttal comments are due seven days after the hearings end.
Section 301 (too broad)
CBP has responded to fast-moving developments in international trade with predictability and transparency, said Brenda Smith, CBP executive assistant commissioner-trade, while speaking May 16 at a U.S. Chamber of Commerce event. With the Section 301 tariffs and other trade remedies, the agency has given the trade community the necessary information "as quickly as we can provide it," Smith said. "Just last week, in response to a setback in the ongoing U.S.-China trade talks, CBP responded rapidly to the 15 percent increase in China 301 duties. We consulted closely with USTR and the International Trade Commission to streamline the operational impact of the administration's policy goals, provided guidance to CBP field employees and the trade community and expedited programming changes" to ACE "to ensure that trade continued to flow."
Though allegations that China’s “retreat” from previous commitments in the trade talks with the U.S. were the Trump administration’s grounds for hiking the List 3 Section 301 tariffs to 25 percent and proposing a fourth tranche of duties on remaining Chinese imports not previously dutied, it was the U.S. side that actually reneged, suggested a Chinese Foreign Affairs Ministry spokesperson May 16. “It takes sincerity to make a consultation meaningful,” the spokesperson said during a press conference. “Judging from what the U.S. did in previous talks, there are two things we have to make clear,” he said. “First, we need to follow the principle of mutual respect, equality and mutual benefit. Second, words must be matched with deeds. Flip-flopping is the last thing we need.” During the various rounds of trade negotiations, the U.S. “repeatedly rejected rules in consultations and brought difficulties to the talks, while China, on the other hand, has been acting in a constructive spirit all along,” he said. “The international community bears witness to all this.” The Office of the U.S. Trade Representative didn’t comment.
Only 453 8-digit Harmonized Tariff Schedule subheadings would not be covered by Section 301 tariffs on products from China, should the duties be imposed on the proposed fourth tranche of goods without any changes from the Office of the U.S. Trade Representative’s list. That’s only about 4 percent of the over 11,000 8-digit subheadings in the HTS, with the remainder being subject to tariffs of up to 25 percent.
As the Office of the U.S. Trade Representative considers which European products to target in retaliation for launch subsidies to Airbus aircraft, it's getting divergent messages from U.S. aerospace interests. Boeing says it's not a time for half-measures or gradual steps, after 15 years of negotiations and legal action at the World Trade Organization. Instead, USTR should put 100 percent tariffs on Airbus planes, wings, tails and fuselages, said the aircraft maker's chief executive for regulatory and legislative affairs, Theodore Austell. He argued that if it's not at 100 percent, "we're unlikely to get their attention."
CBP on May 14 added the ability in ACE for importers to file entries with the fourth group of exclusions from the first tranche of Section 301 tariffs, it said in a CSMS message. Filers of imported products that were granted an exclusion should report the regular Chapter 84, 85 or 90 Harmonized Tariff Schedule number, as well as subheading 9903.88.08 for products subject to Section 301 duties on products from China but that have been granted an exclusion by the Office of the U.S. Trade Representative. “Do not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.08 is submitted,” CBP said.
Importers should have their customs broker file a protest on liquidated entries that are subject to pending exclusion requests on the Section 301 or Section 232 tariffs, C.H. Robinson said in a notice to customers posted May 15. "Entries typically liquidate 314 days after entry date," the company said. "However, we have seen some entries liquidate sooner. If you have a product exclusion request pending, and your entry liquidates before it has received a determination, request that your broker submit a protest to CBP with the notation 'Section 232 (or 301) product exclusion pending.' That notation will allow time for the product exclusion to be determined." That way, if the exclusion is approved, "the protest can be amended to include the exclusion number or information and a duty refund to be issued," and "if denied, the protest can be withdrawn." A CBP official recently said the agency will be unable to give any refunds once a protest period expires even if an exclusion is later granted (see 1905090059).
Smartphones are the largest of eight classifications of consumer technology products that would bear the biggest brunt of the 25 percent Section 301 tariffs proposed on $300 billion in imports not previously dutied during the U.S.-China trade war, according to the Consumer Technology Association’s top trade strategist. “The import values of the products that hit our members are massive,” emailed Vice President-International Trade Sage Chandler on May 14.
The top Democrat on the Senate Finance Committee said he thinks China cheats in trade, but that consumers are going to bear the brunt of this confrontation. Sen. Ron Wyden, D-Ore, speaking to International Trade Today in a brief hallway interview May 14, said, "It is really harder and harder to divine this administration's strategy on trade. It's almost wash, rinse and repeat. They threaten something, the financial markets react badly, consumers express concern, then they pull back and start a process and you kind of get the feeling it may just be this way from now until Election Day 2020. I believe deeply in fighting trade cheating. I wrote the Enforce [and Protect] Act. With respect to say, China, I hope the Chinese cave."
International Trade Today is providing readers with some of the top stories for May 6-10 in case they were missed.