The Office of the U.S. Trade Representative is requesting comments on whether the set of tariff exclusions on Chinese imports on Section 301 List 1 that are set to expire May 14 (see 1905100034) should last another year, it said in a notice. The agency will start accepting comments on the extensions on March 12. The comments are due by April 12, it said. The USTR has granted extensions to only six exclusions so far (see 1912190060).
CBP added on Feb. 14 the ability in ACE for importers to file entries with recently excluded goods in the third tranche of Section 301 tariffs, it said in a CSMS message. The official Office of the U.S. Trade Representative notice for the exclusions was published on Feb. 5 (see 2001020035). The exclusions are in subheading 9903.88.38. The exclusions are available for any product that meets the description in the Annex to USTR’s notice, regardless of whether the importer filed an exclusion request. The product exclusions apply retroactively to Sept. 24, 2018, and will expire after Aug. 7, 2020. The CSMS message also includes a summary of Section 301 duties and that shows information on each tranche of tariffs and granted product exclusions.
National Retail Federation CEO Matthew Shay downplayed the expected impact of the coronavirus epidemic on U.S. retailers, speaking on a Feb. 26 call with media about the group's 2020 forecast. NRF forecast that 2020 retail sales will grow by 3.5%-4.1% to more than $3.9 trillion, “despite uncertainty from the lingering trade war, coronavirus and the presidential election.” Citing conversations with retail executives, Shay said news about the retail supply chain is “generally encouraging,” with reports that some China plants are coming back on line and employees are returning to work, after closures due to the coronavirus outbreak. Warning the virus' impact needs to be taken seriously, Shay also said the disruption appears “less severe than originally expected.”
The Office of the U.S. Trade Representative would need to provide specific guidance to CBP in order to change treatment of goods from foreign-trade zones that were subject to the recently decreased Section 301 tariffs, CBP said in response to a recent letter from the National Association of Foreign-Trade Zones (see 2002180046). CBP said it enforces the Section 301 duties issued by the USTR “based on CBP laws and regulations, including 19 CFR 146.65(a)(1), unless USTR directs CBP to take different actions pursuant to Section 301.” NAFTZ President Erik Autor said the association is reviewing its next steps.
The International Trade Commission recently issued Revision 4 to the 2020 Harmonized Tariff Schedule, adding new exclusions from Section 301 tariffs and amending units of quantity for a pair of subheadings for U.S. goods returned under Chapter 98. New U.S. Note 20(ss) is added for the new exclusions, as announced by the Office of the U.S. Trade Representative on Feb. 19 (see 2002190015). New subheading 9903.88.40 is created for goods entered under the new exclusions, and conforming changes are made elsewhere to Chapter 99 provisions on Section 301 tariffs. For U.S. goods returned, units of quantity for subheadings 9801.00.1030 and 9801.00.1031 (which cover goods of chapters 71 and 82, respectively) are changed to a footnote that says quantities should be reported in the units provided in chapters 1-97. Previously the units were “No. and g” and “No. and kg,” respectively.
International Trade Today is providing readers with some of the top stories for Feb. 18-21 in case they were missed.
Tracking devices that use the Global Positioning System should be classified differently from smartwatches and other Bluetooth-connected devices that rely on a smartphone connection, CBP said in two recently released rulings. The Sept. 30 rulings both involve Globalstar products that use GPS signals and provide location updates. Neville Petersen lawyer Michael Tomenga requested the rulings for Globalstar, and said the trackers should be classified based on the wireless transceivers, similar to fitness tracking devices (see 1603070028).
The Office of the U.S. Trade Representative issued a new product exclusion from the second group of Section 301 tariffs on goods from China. The new exclusion is reflected in "specially prepared product description," which covers "Skateboards with electric power for propulsion, of a power not exceeding 250 W (described in statistical reporting number 8711.60.0050)." The agency also converted a one exclusion for bulk silicone from a product description to an exclusion of a 10-digit HTSUS subheading, it said. The new exclusion applies from Aug. 23, 2018 and expires Oct. 1, 2020. The other change applies from when the original exclusion was announced, Oct. 2, 2019 and expires on Oct. 1, 2020, the agency said.
The Customs Rulings Online Search System (CROSS) was updated on Feb. 19. The following headquarters rulings not involving carriers were modified on Feb. 18, according to CBP:
The Office of the U.S Trade Representative is set to publish a notice Feb. 20 listing some new product exclusions from Section 301 tariffs on the third list of products from China (see 2002190005). 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.