The Office of the U.S. Trade Representative issued another set of product exclusions from the fourth group of Section 301 tariffs on goods from China. The new exclusions from the tariffs include "five 10-digit HTSUS subheadings and seven specially prepared product descriptions, which together cover 36 separate exclusion requests." according to the notice. The product exclusions apply retroactively to Sept. 1, 2019, the date the fourth set of tariffs took effect. The exclusions will remain in effect until Sept. 1.
The Senate Finance Committee chairman, joined by 11 other Senate Republicans, is asking President Donald Trump to consider a total moratorium on new or raised tariffs, as well as examining how tariffs and import and export restrictions specific to medical supplies can be tackled. They praised the Office of the U.S. Trade Representative for excluding some medical supplies from Section 301 tariffs since the novel coronavirus COVID-19 pandemic spread to the U.S., but said a wider review should be done to make sure none remain. And they encouraged him to coordinate with other countries that have imposed export restrictions in response to COVID-19, so that there aren't cost increases and “critical supply shortages.”
While they are pleased that the Office of the U.S. Trade Representative is seeking information about how Section 301 tariffs are hindering the fight against the spread of COVID-19, three pro-trade Democrats told USTR Robert Lighthizer that “this move alone is not enough to stop the harm that is being done to our health care system and economy. We request that you temporarily suspend tariffs or at least greatly expedite and simplify the tariff exclusion process during this difficult time. Immediate tariff relief will have numerous positive effects, including reducing disruptions to existing supply chains and easing the economic burden on our companies and their workers.”
The coronavirus bill pending in Congress includes a provision that could help importers that have been unprofitable after the imposition of Section 301 or Section 232 tariffs. According to draft text of the CARES Act (Coronavirus Aid, Relief and Economic Security Act), companies can use the losses they incurred in 2018, 2019 or 2020 to get income tax refunds from the previous five years. They could apply now for those 2018 and 2019 losses.
CBP should look at “extending the liquidation of all unliquidated entries by 90 or 180 days,” the Business Alliance for Customs Modernization told the agency in a March 23 letter. Those extensions “would help ensure that importers who may be eligible for duty refunds (e.g., based on Section 232 or Section 301 product exclusion approvals) do not miss opportunities to pursue such refunds administratively due to staffing issues caused by COVID-19.” BACM offered its support for deferring collections of customs duties and asked “that payments related to past liabilities, such as denied protests, also be temporarily deferred.” BACM suggested several other items it said “would help ease the burden on the trade community during this time.”
A group of Republican senators supports a temporary delay in duty collections, they said in a March 25 letter to President Donald Trump. “We believe it would be wise to provide a temporary deferral of duty collection for businesses to opt-in to,” said the letter, which was led by Senate Finance Committee Chairman Chuck Grassley, R-Iowa. “There are a number of ways to do this that would be helpful that are already being reviewed through the interagency process. Similar to the IRS providing Americans an additional 90 days to make tax payments without incurring interest or penalties, a duty deferral would be a commonsense way to improve the liquidity of our businesses during this time of economic disruption.”
A coalition of U.S. manufacturers seeks the imposition of new antidumping and countervailing duties on vertical shaft engines between 99 cc and up to 225 cc, and parts thereof, from China, it said in a petition filed with the Commerce Department and the International Trade Commission March 17. 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.
International Trade Today is providing readers with some of the top stories for March 16-20 in case they were missed.
The American Association of Exporters and Importers is asking the Trump administration to help importers and exporters deal with the impact of COVID-19 response measures, whether that impact is a cash crunch, the effects of telework or business decisions made in response to delays in shipments from China. The group is asking the administration to extend the time to respond to regulatory notices that are paper based, including entry filings deadlines, because telecommuting makes it more difficult to manage the paper flow. It is also asking CBP to extend the protest period for customs duties and decisions.
The Office of the U.S Trade Representative plans to issue some new product exclusions from Section 301 tariffs on the third list of products from China (see 2003230001), it said in a notice. 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 subheading 9903.88.43 will be used for these excluded products.