Japan and Peru seek early implementation of TPP.

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According to Retuers, Japan and Peru’s foreign ministers are working on an early implementation of the Trans-Pacific Partnership to promote free trade between the two countries. Currently there are 11 members to the TPP. While an agreement has been reached between the parties, the implementation is not yet effective until enough countries ratify the agreement.

Japan has already ratified the pact, but 5 more countries need to ratify before the TPP will take effect.

One main reason for the Japan, Peru efforts may be due the year 2019 marking the 120th anniversary of Japanese immigration to Peru.

If you have any TPP questions or other trade, import, or customs questions, contact David Hsu at 832-896-6288 or by email at dhsu@givensjohnston.com.

Current US Tariff Action Deadlines

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I receive many questions about the deadlines for all the various tariff actions, I thought I’d post all the upcoming deadlines for your convenience.

If you have any questions regarding any 301 or 232 duties or are interested in filing of comments or an exclusion, or need assistance filing a response to comments, feel free to contact David Hsu at 832.896.6288 or by email at dhsu@givensjohnston.com.

August 20-23 – Public hearing in DC for List 3

August 23, 2018 – 25% duty effective on List 2

September 6, 2018 – deadline to submit written comments for List 3

September 6, 2018 – deadline to submit post-hearing rebuttal comments

October 9, 2018 – deadline for product-specific exclusions for List 1

14 days after request for exclusion posted on docket – deadline for responses to requests for product-specific exclusion.

7 days after the close of response period – deadline for responses filed during the 14-day response period.

To Be Announced – 10% or 25% duty on List 3

Dulles CBP seizes $170k in unreported currency from 7 groups of travelers.

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Busy day at Dulles airport where U.S. Customs and Border Protection (CBP) officers seized approximately $170,000 in unreported currency from 7 different travelers.

As you are aware, it is legal to carry large amounts of currency, however, all amounts over $10,000 must be reported. The $10,000 limit is not for the individual, but rather the limit for everyone in the traveling party.

The seizures in early August included:

  1. CBP seizes $21,735 from a woman boarding a flight to Belgium. The family reported $9,700.00. Typically, CBP first asks the traveler(s) to complete FinCen Form 105 to report the amount of currency they have. After the Form 105 is completed, CBP then searches the travelers’ belongings. In this instance, after the travelers signed the form, CBP did a thorough search and found $21,735 total.
  2. On July 30, a man was boarding a flight to Ghana when he CBP seized $30,721 in unreported currency.
  3. A family on the way to Turkey was detained and CBP seized $21,000 in unreported currency. In this seizure, CBP found cash concealed in clothing and cell phone cases.
  4. Another group of travelers traveling to Ghana were stopped and CBP seized $34,585 from them. The couple mistakenly reported $10,000 was carried by each person.
  5. CBP seized $18,390 from another couple going to Turkey.
  6. $20,645 was seized from another group of travelers heading to Qatar.
  7. Last, a passenger on the way to Serbia had $17,178 seized after she reported $8,000.00.

If you have had your cash seized, contact experienced currency seizure attorney David Hsu at 832.896.6288 or by email at dhsu@givensjohnston.com.

USTR finalizes “List 2” of Section 301 duties on Chinese goods – tariffs begin on August 23rd.

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The Office of the United States Trade Representative (USTR) released a bulletin today finalizing “List 2” of the tariffs of Chinese products known as “Section 301” duties.

List 2 goods will be subject to an additional 25% tariff on goods from China starting August 23rd. Out of the 284 proposed tariff lines, only 5 tariff lines were removed by the USTR.

List 2 covers approximately $16 billion worth of imports from China. The Section 301 duties are the US response to China’s unfair trade practices related to the forced transfer of American technology and intellectual property.

List 1 went into effect on July 6th and covered about $34 billion of imports from China.

There is no word on when List 3 will be finalized but based on 1 and 2, I believe sometime in December 2018.

If you are importing a good subject to the 301 duties, contact experienced trade attorney, David Hsu for a free legal consultation on what our firm can do for you: dhsu@givensjohnston.com or 832.896.6288.

GM applies for tariff exemption on their Buick Envision manufactured in China and subject to a 25% duty.

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According to Reuters, General Motors (GM) is seeking to apply for a tariff exclusion on their Chinese-made Buick Envision. As the Buick Envision is made in China, imports of the vehicle to the US would be subject to a 25% tariff. According to the same article, sales of the Buick Envision total 19% of Buick brand sales in 2017.

According to GM authority, the automaker has currently sold 16,814 Envisions so far in 2018.

The tariff exclusions are also known as the “Section 301” tariff exclusions. Reuters cites the GM’s argument in the filing: “to invest in our U.S. manufacturing facilities and to develop the next generation of automotive technology in the United States” and that “assembly in our home market is not an option” due to low US sales numbers.

Besides applying for a Section 301 exclusion, GM shipped in a six-month supply of Envisions at the current 2.5% tariffs.

Will followup and update if/when the exclusion has been approved.

If your company would like to file a Section 232 or Section 301 exclusion, contact experienced trade attorney, David Hsu at 832-896-6288 or by email at: dhsu@givensjohnston.com.