Tag Archives: Section 301

Get a refund of your List 3 and List 4A duties paid.

September 16, 2020 By in China, China tariffs, Customs, duties, Section 301 Tags: , , , , , , Leave a comment

pexels-photo-3483098.jpeg
Photo by John Guccione http://www.advergroup.com on Pexels.com

A recent lawsuit filed in Federal court will address the question whether President Trump and his Administration lawfully imposed additional “trade war” duties on certain goods imported from China. The lawsuit alleges the goods included on “List 3” and “List 4A” were unlawfully enacted – and as such, importers who paid for the List 3 and 4A duties are entitled to a refund of duties paid with interest.

More specifically, the case of HMTX Industries LLC, et. al., v. US will determine whether the US did not comply with the applicable law when implementing the List 3 and List 4A duties on certain imports from China.

Importers who wish to preserve their opportunity to receive future refunds must act quickly to file their own “piggyback” actions in the CIT, as the lawsuit alleges a 2 year limitations period expiring Monday, September 21, 2020.

David Hsu and the trade law firm of Givens & Johnston stand ready to immediate file both CIT actions and CBP protests. To get the process started, contact David Hsu directly by phone/text to 832-896-6288 or by email at attorney.dave@yahoo.com,

China tariff cuts coming soon?

March 23, 2020 By in corona virus, exclusion, Uncategorized Tags: , , , , , , , Leave a comment
boat on body of water

Photo by Nextvoyage on Pexels.com

Last Thursday, the US Trade Representative’s office said they were seeking public comments on lifting additional Section 301 duties (tariffs) on Chinese imports for goods that could help the US fight the current coronavirus pandemic.

The public comments will allow anyone to submit comments if they believe modifications to the Section 301 tariffs may be necessary. Since the corona virus crisis started, the USTR granted exclusions for medical products from China that included medical masks, examination gloves and antiseptic wipes.

Even with the exclusions, the 20-month long duration of the Section 301 China duties still covers over $370 billion in Chinese imports.

A trade deal came into effect on February 15th known as “Phase 1”, but no new trade deals will be announced until after the corona virus crisis ends.

If you have would like to submit comments on what other goods should be excluded – contact experienced customs and trade law attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com.

 

China’s industrial profits fall in June, sparking fears of slowdown.

July 28, 2019 By in Uncategorized Tags: , , , , , , , Leave a comment

activity blueprint building building site

Photo by Fancycrave.com on Pexels.com

According to CNBC, profits earned by China’s industrial firms fell 3.1% in June from a year earlier, according to the China’s National Bureau of Statistics.

The decrease in industrial profits is likely due to the US/China trade war and the increase in tariffs on Chinese imports. CNBC also states that economic growth in the second quarter slowed to a near 30-year low.

With the US and China set to meet on July 30th for the first time since May, both sides may be looking for an agreement to end the almost year-long trade war.

US exports of cherries to China collapses due to trade war.

July 28, 2019 By in China, China tariffs, trade war, Uncategorized Tags: , , , , Leave a comment

red cherries

Photo by Engin Akyurt on Pexels.com

US imports of cherries to China was zero in the year 2000, growing to over $200 million in 2017. However, the current US China trade war and the retaliatory tariffs implemented by China have caused the US exports of Cherries to China to fall to about $200,000 for the year.

In retaliation for the Section 301 duties placed on Chinese imports, China in turn levied tariffs on US goods – for example, a 50% duty on US cherries. As a result, the US only shipped 187 tonnes in May 2019, versus 337 tonnes in May 2018 and 1,505 tonnes in May 2017. In fact, US cherry growers sometimes exported more cherries to China than to Canada.

List 3 Exclusion Process?

January 16, 2019 By in exclusion, Section 301, tariffs, Uncategorized, USTR Tags: , , , , , Leave a comment

pile of intermodal containers

Photo by Frans Van Heerden on Pexels.com

Last October, 10 10 senators sent a letter to the United States Trade Representative (USTR) inquiring why a List 3 exclusion process had not yet been established. As you are aware, an exclusion process allows importers or interested parties of goods subject to the Section 301 duties to petition to have their goods excluded from the tariffs of 10-25%.

Earlier this week, the USTR replied indicating an exclusion process will not start on List 3 unless negotiations fail with China and the tariffs are raised on the $200 billion worth of goods from 10 to 25%. Both China and the US have agreed to a “truce” until March 2, 2019.

Will update as soon as any updates are available. If you have any trade, import, export, trade or compliance attorneys, contact experienced trade attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com

Givens and Johnston, PLLC at Breakbulk Americas 2018.

October 5, 2018 By in break bulk, Breakbulk, compliance, Customs, freight forwarder, FTZ, heavy haul, Uncategorized Tags: , , , , , , , Leave a comment

Breakbulk 01.jpg

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 attorney.dave@yahoo.com for all your import, export and trade matters.

Breakbulk 02.jpg

Vinyl manufacturers and importers at odds over upcoming tariffs on Chinese vinyl imports.

August 24, 2018 By in China tariffs, Section 301, Uncategorized Tags: , , Leave a comment

apartment cabinets chairs contemporary

Photo by Pixabay on Pexels.com

Two US vinyl flooring manufacturers testified in support of the 25% tariffs at an August 21st meeting in Washington with the United States Trade Representative.

According to testimony from one of the leaders of one of the vinyl floor manufacturers, 55 to 70% of the vinyl flooring is from Asia and China alone exported $1.7 billion of vinyl flooring into the US.

On the other hand, two importers of vinyl flooring and tile argued the higher prices would hurt consumers and not change the use of Chinese industrial policies like forced technology transfer and the “Made in China 2025 program”. Specifically, the vinyl flooring importers argued duties would raise home prices, impacting lower and middle income Americans the most. In other words, duties on vinyl flooring hurt low and middle class Americans while having no effect on China’s trade practices.

If you are interested in filing comments or an exclusion to any of the upcoming duties, contact experienced trade attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com.

Current US Tariff Action Deadlines

August 15, 2018 By in Uncategorized Tags: , , , , , , , , Leave a comment

view of city at airport

Photo by Pixabay on Pexels.com

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

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

August 7, 2018 By in China tariffs, Import Export Attorney, intellectual property, Section 301, trade war, Uncategorized Tags: , , , Leave a comment

green and gray evergreen cargo ship

Photo by David Dibert on Pexels.com

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: attorney.dave@yahoo.com or 832.896.6288.

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

August 5, 2018 By in China tariffs, GM, Section 232, Section 301, Uncategorized Tags: , , Leave a comment

building skyscrapers detroit downtown

Photo by 500photos.com on Pexels.com

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: attorney.dave@yahoo.com.