Industry News

USTR Considers 549 Section 301 Exclusions for Reinstatement

By October 11, 2021 No Comments

The Section 301 tariffs assessed on China origin goods continue to create uncertainly in the supply chain. On October 8, the Office of the U.S. Trade Representative (USTR) published the establishment of a comment period on the possible reinstatement of 549 exclusions, which had previously been extended, in the Federal Register.

According to this notice, a comment period, from October 12 until December 1, 2021, has been opened to allow interested parties to submit comments on a reinstatement of particular exclusions. All comments should be submitted to the public docket in the online portal before 11:59 PM on December 1, 2021. The USTR is interested in comments regarding the possible exclusion reinstatements and the duration of any reinstatements granted. The focus of the USTR’s evaluations will be if the product remains reasonably available only from China, or, if reinstatement of the exclusions will result in severe economic harm to US interests. The USTR review will take into consideration the impact on US manufacturing output, employment, critical supply chains, and on the goal of eliminating China’s actions and trade policies covered in the 301 investigation. Reinstated exclusions would be retroactive to the October 12 opening of the public docket. The Federal Register notice can be viewed here; this link provides information on how to submit your comments.  A list of the 549 exclusions being considered for reinstatement can be viewed here.

This possible reinstatement of an exclusion process comes at a time when the White House is reportedly considering a new Section 301 investigation into Chinese subsidies. A new investigation could result in the assessment of  tariffs for products not currently included on the Section 301 lists. Further, there is growing support for enforcing China’s commitments for purchasing additional US products; including agricultural goods under the Phase I agreement. This agreement, signed January 2020, suspended the application of additional tariffs on $160 billion in goods imported from China and reduced by half (from 15% to 7.5%) of the tariffs imposed on another $120 billion in goods. In return, China had agreed to increase their purchases of US goods and services by $200 billion over a two-year period. Currently, China’s purchases are well below the pace for complying with their commitment.

The US is hoping that the EU, Japan, and other allies in Asia will join in opposing unfair subsides in China. What is certain is that there is no support in the White House for ending the additional tariffs.

 

Regards,

Sam McClure, LCB

Director of Compliance & Customs Services

 

Need a refresher on tariff rounds and exclusions?

CVI Exclusion Guide 2020

CVI has a free, complete guide to EVERYTHING you need to know for tariff rounds and exclusions, including:

  • HTS Code
  • Publish Dates
  • Exclusion provision number per set list and round
  • Effective & Extended Expiration Dates

The CVI Exclusion Guide 2020 provides you with a link to original USTR exclusion announcements with a breakdown of each excluded product.

Please let us know if you have any questions. We will be regularly updating this document via our website. Check it out here!

 

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Meet one of CVI’s Customs Brokerage & Compliance experts, Sam McClure:

Sam serves as Director, Compliance and Customs Services for CVI. He serves as CVI’s corporate compliance officer and is responsible for overseeing all aspects of our Customs related services, including growth.

Sam started his career in 1977 with Waters Shipping Company in Charlotte, NC. He began as a document runner, soon becoming a leader in operations and customer service for the branch. Sam, along with Linda Masten, founded Central Carolina Shipping Inc. in 1983 as an independent Customs Brokerage firm where he served as Vice President for 26 years. Sam and Linda grew Central Carolina into a successful and highly respected member of the Carolinas trade community. When Charlotte opened their local chapter of the IFFCBA Sam was part of the organizing group and he headed the Customs committee for several years. Sam obtained his Customs Brokers License in 1984 and remained with Central Carolina until the company was acquired by CVI in 2009.

At CVI, Sam has held several positions in both the operations and sales departments. As an expert in U.S. Customs regulations, Sam is often called upon on to provide guidance to importers on Customs compliance issues. He makes regular presentations on matters related to importation and broader regulatory compliance.

– Sam McClure, LCB, Director of Compliance & Customs Services, CVI
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