Skip to main content

August 23, 2019

Today, President Trump tweeted @realDonaldTrump:

We understand that this tweet refers to 301 Lists 1 – 3 (total lists 1 -3 = $250B*):

unfair Trading Relationship. China should not have put new Tariffs on 75 BILLION DOLLARS of United States product (politically motivated!). Starting on October 1st, the 250 BILLION DOLLARS of goods and products from China, currently being taxed at 25%, will be taxed at 30%…

#customs #tariffs #chinese #internationaltrade #duty #cbp

https://twitter.com/realDonaldTrump/status/1165005929831702529?s=20

We understand that this tweet refers to 301 List 4:

..Additionally, the remaining 300 BILLION DOLLARS of goods and products from China, that was being taxed from September 1st at 10%, will now be taxed at 15%. Thank you for your attention to this matter!

#customs #tariffs #chinese #internationaltrade #duty #cbp

https://twitter.com/realDonaldTrump/status/1165005930733473793?s=20

* China Section 301-Tariff Actions and Exclusion Process – per the USTR

https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions See also USTR Statement on Section 301 Tariff Action Regarding China https://ustr.gov/about-us/policy-offices/press-office/press-releases/2019/august/ustr-statement-section-301-tariff

SECTION 301 LIST 4 ALERT: Unlike previous lists, List 4 has been divided into two separate groups: List 4A, effective September 1, 2019, and List 4B, effective December 15, 2019. According to the notice, products on List 4B include “cell phones, laptop computers, video game consoles, certain toys, computer monitors, and certain items of footwear and clothing.”

Certain products that appeared on the proposed List 4 published May 17, 2019 have been removed from the final lists based on health, safety, national security and other factors. USTR will announce an exclusion process for the lists in the coming months.

After September 1, 2019, all entries with these HTS codes should be marked and tracked for the expected date of liquidation. Liquidation is the point at which CBP’s ascertainment of the rate and amount of duty becomes final for most purposes. Liquidation typically occurs 314 days from the date of entry of the merchandise into the United States (but may occur faster); liquidation must occur within one year of the date of entry unless extended. This is an important date for importers to track and monitor for Section 301 (among other reasons).

Importers with ACE access can track these dates. If not, importers should request an ACE report (ES-701 Courtesy Notice of Liquidation) from all of their customs brokers. Importers of products with granted exclusions should have their customs brokers extend the date of liquidation following CBP’s guidance at CSMS #19-000260 Section 301 Products Excluded from Duties – Liquidation Extension Request to preserve their right to post summary correction and recovery of duties.

LIST 3 UPDATE: The USTR continues to accept Section 301 List 3 product exclusion requests submitted through its online portal. On August 2, 2019, granted exclusions were announced for 10 specially prepared product descriptions, which cover 15 separate exclusion requests.

The granted exclusions will apply as of the September 24, 2018 effective date of the $200 billion action, and will extend for one year after the publication of the notice.

USTR will continue to evaluate exclusion requests on a rolling basis until the submission deadline, September 30, 2019.

Please contact our office at (310) 642-9800 or cwr@tradeandcargo.com with any questions about Section 301 tariffs or exclusion requests.