Givens and Johnston, PLLC at Breakbulk Americas 2018.

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Earlier this week, Givens and Johnston, PLLC attorneys – James Garland Hurst and David Hsu staffed the G&J booth at Breakbulk Americas 2018.

James and David were on hand to answer questions related to wood packaging materials and cost-effective solutions to deal with a “wood packaging material” notice from Customs. As you are aware, Customs vigorously inspects wood packaging material shipments entering the US for presence of invasive pests that damage the US ecosystem.

James and David also answered questions regarding ftz’s, bonded warehouses, import and export, compliance matters, Section 232 and 301 duties and the whole range related trade matters.

See you at Breakbulk Americas 2019! In the meantime, feel free to contact David Hsu at 832-896-6288 or by email at dhsu@givensjohnston.com for all your import, export and trade matters.

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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

US ports first to be impacted if/when China tariffs become effective.

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CNBC on July 28th indicated US ports as the frontline in the trade war with China. Citing interviews with port managers, the CNBC article claims imposition of more duties (estimated to total over $200 billion worth of Chinese goods) will result in cancelled shipments, less container traffic and lost jobs.

One port director from Long Beach believes further duties will impact the port, the state and the nation as a whole. The LA/LB port handled $173 billion in Chinese imports last year and account for 1/3 of all the shipped goods from China to the US.

Last year, $505 billion in goods arrived from China last year with about $130 billion in US goods to China. This difference in the goods arriving versus leaving is part of the $375 billion trade deficit President Trump vowed to lower while on the campaign trail in 2016.

There are currently in place tariffs on $34 billion in Chinese goods that resulted in China also imposing an equal $34 billion in US goods to the mainland. If List 2 and 3 become effective, the tariffs would cover around $200 billion more in Chinese goods.

The port director in Long Beach claimed the import business supports a million jobs throughout Southern California and slowdowns in China trade could result in layoffs, leading to loss of local and state tax revenues generated by business impacted by a slow down in trade.

If you have any questions how the tariff lists will impact your business, or for a free consultation on whether your goods are on one of the three lists, contact experienced trade attorney, David Hsu at 832.896.6288 or by email at: dhsu@givensjohnston.com.

What should my company do regarding the Section 232 and Section 301 tariffs?

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We are fielding a lot of calls from importers, vendors, manufacturers, brokers and freight forwarders about what to do now that the Section 232 and Section 301 tariffs are in place.

We suggest:

  1. Review the list of products to determine your company’s exposure to Section 301 and Section 232 tariffs. The First Section 301 list can be found here.
  2. If there is a product on the second list of the Section 301 tariffs, you should participate in the comment process. The second list can be found here.
  3. If you are importing a product covered under Section 301 or Section 232, look into other alternatives for sourcing.
  4. This may be a good time to review your imported and exported goods and the classification used.
  5. Notify your customers, suppliers, vendors, buyers of potential price impacts of these new tariffs.
  6. Review pending purchase orders and pending shipments with companies in China, Canada, Mexico and the European Union.

If you have any questions about Section 232 or Section 301, contact experienced trade attorney David Hsu at 832-896-6288 or by email at dhsu@givensjohnston.com. We also assist in filing exclusion requests and submission of comments, call or email now for immediate assistance.

Trump administration considering new tariffs on imported vehicles.

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Reuters reports the Trump administration may consider imposing new tariffs on imported vehicles based under Section 232 of the Trade Expansion Act of 1962.

A little bit of background – a section 232 investigation is conducted under the authority of the Trade Expansion Act of 1962, as amended and the purpose of a 232 investigation is to determine the effect of imports on the national security. Investigations may be initiated based on an application from an interested party, a request from the head of any department or agency, or may be self-initiated by the Secretary of Commerce.

Reuters reports the administration is currently considering tariffs of up to 25 percent for imported vehicles. As this was just announced, the plan is still not yet implemented and will receive much feedback from interest groups, foreign trading partners, domestic dealers of importer cars and anyone else involved in the import car business.

Check back for the latest news. If you have any questions about the current steel and aluminum tariffs initiated under section 232, contact experienced trade attorney – David Hsu at 832-896-6288 or by email at dhsu@givensjohnston.com.

Latest CBP Instructions on Section 232 Investigations (April 11, 2018)

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See below for the most recent instructions regarding the Section 232 Investigations. These instructions were released by the CBP, on April 11th. The original text can be found here.

Commodities: Unchanged and includes steel mill and aluminum articles as specified in proclamations.

COUNTRIES COVERED:
March 23, 2018 through April 30, 2018: All countries of origin except Canada, Mexico, Australia, Argentina, South Korea, Brazil and member countries of the European Union (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom).

However, after May 1, 2018, all countries of origin.

Customs does make a note to remind readers that it is based on the country of origin, not the country of export.

ENTRY SUMMARY FILING INSTRUCTIONS:

Steel Products: importers shall use the HTS classification for imported merchandise subject to duty: 9903.80.01 (25 percent ad valorem additional duty for steel mill products)

Aluminum Products: importers shall use HTS classification: 9903.85.01 (10 percent ad valorem additional duty for aluminum products)

If the two above HTS numbers are not used for importers under Chapters 72, 73 and 76 for the covered countries of origin, these error messages will display:

E1 IQ10 LINE SUBJECT TO QUOTA

E1 FQ09 QUOTA NOT ALLOWED FOR ENTRY TYPE

E1 FQ05 BANNED IMPORT

E1 RF998 TRANSACTION DATA REJECTED

Note: Quota is not in effect, but this ACE functionality is being used to validate entry summary transmissions and reject when validations determine the data is missing the required chapter 99 number.

If importers or filers do not include the chapter 99 code with their Post Summary Corrections for imports under Chapters 72, 73 and 76, the above reject messages will also appear.

Importers may file a protest if they believe an entry was incorrectly liquidated.

Below are the FREQUENTLY ASKED QUESTIONS from the CBP website copied for your convenience.

1. What is the timing of duty calculations on immediate transportation in bond entries subject to Section 232?

Pursuant to the Presidential Proclamations, duties are due on goods entered, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on March 23, 2018.

19 CFR 141.69(b) states:

Merchandise which is not subject to a quantitative or tariff-rate quota and which is covered by an entry for immediate transportation made at the port of original importation, if entered for consumption at the port designated by the consignee or his agent in such transportation entry without having been taken into custody by the port director for general order under section 490, Tariff Act of 1930, as amended ( 19 U.S.C. 1490), shall be subject to the rates in effect when the immediate transportation entry was accepted at the port of original importation.

For such entries covered by an entry for immediate transportation, and with a country of origin and Harmonized Tariff Schedule classification subject to the Presidential Proclamations, such entries shall be subject to the duty rates in effect when the immediate transportation entry was accepted at the port of original importation.

Accordingly, entries of steel and aluminum articles covered by an entry for immediate transportation accepted at the port of original importation before March 23, may have been incorrectly rejected by CBP and/or incorrectly filed with a Chapter 99 steel or aluminum HTS classification.

CBP is working to address the incorrectly filed entries to alleviate the need for the trade to resubmit entry summaries, submit post summary corrections (PSC), or file protests. CBP is aware that some entry summaries incorrectly submitted with the Chapter 99 HTS classification may have a deadline approaching to pay the associated duties. CBP will fully consider the issues associated with these entries in enforcing the duty deadline and CBP will be addressing these entries promptly. Importers who incorrectly paid duties pursuant to the Presidential Proclamations on an AD/CVD entry, and want to request an administrative refund of these duties prior to liquidation, may file a PSC to request an administrative refund of these duties prior to liquidation.

2. Which Harmonized Tariff System (HTS) classifications under HTS 7616.99.51 are subject to the Section 232 duties.

Per the Presidential Proclamations, 7616.99.51.60 and 7616.99.51.70 are subject to the Section 232 duties.

 

If you have any questions, call customs and trade law attorney David Hsu at 832-896-6288 or by email at dhsu@givensjohnston.com.

China’s Ministry of Commerce publishes Section 301 Retaliatory Tariff List.

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Yesterday, the People’s Republic of China, Ministry of Commerce (MOFCOM) issued Announcement 34. Announcement 34 states that the PRC will implement tariffs of 25% on soybeans, various agricultural products, chemicals, automobiles and airplanes, encompassing a total of 106 U.S. products in response to recent tariffs issued by the current administration.

A simplified Chinese-only version of 2018’s Announcement 34 can be found here.

If you have any questions about whether these tariffs will effect your exports to China, contact bilingual and experienced trade and customs attorney David Hsu at 832-896-6288 or by email at dhsu@givensjohnston.com.

China imposes new tariffs on imports from the United States.

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In response to the U.S. Section 232 tariff measures imposed on steel and aluminum products, China’s Ministry of Commerce announced their intention to impose tariffs on certain products from imported from the United States.

According to an English press release issued by the Ministry of Commerce (full text here), China intends to impose tariffs on 128 products that cover a wide range of items, from food and alcohol to oil and gas pipes.

The tariffs vary from 15% to 25% and a notice of tariffs is available here online for public comment.

A quick look at the list shows these items are subject to the increased tariffs: citrus fruits,
watermelons, dried apples, steel drilled oil and gas drilling pipes with an outside diameter less than 168 mm, cold rolled alloy steel seamless circular cross-section tubes
other fresh or cold pork, frozen pork liver, aluminum scrap, modified ethanol, and American ginseng.

For more information or if you would like to know whether your exported product will be subject to these new duties, contact experienced and bi-lingual English/Chinese Mandarin speaking attorney David Hsu now at 832.896.6288 or by email at dhsu@givensjohnston.com.

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Section 232 – Duties do not apply to goods coming from these countries until May 1, 2018.

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Until May 1, 2018, the Section 232 duties do not apply to goods coming from:

• Argentina;

• Australia;

• Brazil;

• Canada;

• Mexico;

• the member countries of the European Union; and

• South Korea.

After that time, the President will review whether to continue exempting these countries from the order.

Furthermore, the most recent customs message also says that admissions into FTZs can only be made with a privileged foreign status, which closes the previous FTZ loophole.

Any Section 232 questions? Call experienced trade and customs attorney David Hsu at 832.896.6288, or by email at dhsu@givensjohnston.com.

Section 232 Exclusion Requests.

 

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The Bureau of Industry and Security (BIS) has released the rules and procedures to apply for a Section 232 exclusion request for imports of steel or aluminum. Additionally, the BIS also released guidelines to object to any exclusion requests.

Contact David Hsu at 832.896.6288 or dhsu@givensjohnston.com to get started today on the exclusion request process.