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.

Breaking news – Section 301 Statement by US Trade Rep. Robert Lighthizer and list of Chinese goods impacted by $200 billion in tariffs.

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Robert Lighthizer, official portrait, work of the U.S. Federal Government

U.S. Trade Representative (USTR) Robert Lighthizer released a statement today regarding Section 301 of the Trade Act.

The full statement can be read here.

Here’s a summary of the statement:
1. Last Friday, US started imposing tariffs of 25% on $34 billion worth of Chinese imports.
2. Will eventually cover $50 billion in Chinese imports.
3. Tariffs are against products that benefit from China’s industrial policy and forced technology transfer practices.
4. China retaliated with $34 billion in tariffs and threats on $16 billion more.
5. In resopnse to China’s retaliation, President Trump ordered tariffs of 10% on an additional $200 billion in Chinese imports.

Brief history of the 301 tariffs:
1. Last August (2017), President Trump asked USTR to begin the Section 301 process. The basis of the 301 was due to China’s”abusive trading practices with regard to intellectual property and innovation.”
2. USTR conducted investigation, published 200 page report showing: “China has been engaging in industrial policy which has resulted in the transfer and theft of intellectual property and technology to the detriment of our economy and the future of our workers and businesses. ”
3. The USTR also found these “practices are an existential threat to America’s most critical comparative advantage and the future of our economy: our intellectual property and technology.”

To view the Federal Register notice and list of proposed tariffs on $200 billion of Chinese imports, click here.

If you have any questions how these 301 tariffs may impact your business, or if you would like to submit comments to the US Government, please contact experienced trade attorney David Hsu at 832-896-6288 or by email at dhsu@givensjohnston.com.

Tesla raises car prices in China amid potential US/China trade war.

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Reuters is reporting the price of Model S and Model X Tesla vehicles have increased by over $20,000 in China. Reuters cites the website Electrek’s report on Monday.

China already raised tariffs on U.S. car imports in response to President Trump’s move on imposing tariffs on $34 billion worth of Chinese goods.

The raise in prices in China come after a decrease in prices as recently as this past May – when Model X vehicles were discounted $14,000. Electrek reports that 17% of Tesla’s 2017 revenue was from China sales and that Tesla estimates shipping 15,000 cars a year to China.

 

Automakers rush to ship vehicles to US ahead of threat of higher tariffs.

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According to Reuters, port data, port officials and logistics companies (freight forwarders) are reporting an uptick in vehicle imports to the US, with the three leading US ports reporting 23,000 more cars importer than they did the same time last year.

The Trump administration indicated last Friday they were investigating whether to increase tariffs on cars from the EU with a decision to be made in three to four weeks.

The tariffs of 25% per vehicle would likely make even entry level luxury import cars less attractive. For example, 25% duties could raise the price of the BMW 3 series anywhere from $8-$10k dollars.

More news will be posted as they become available.

 

Trump claims Harley Davidson using tariffs as an excuse to close US plant and move to Thailand.

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Back in April 27th of this year, I wrote on my blog post here that I suspected Harley Davidson was using international trade, tariffs and the US withdraw of the TPP as excuses for two unpopular moves by the company: (1) closing a Missouri factory and (2) moving production to Thailand.

As Harley Davidson is a foreign entity in Thailand, it is not easy for Harley Davidson to just decide to open a factory in Thailand overnight, here’s why you can’t just open a factory overnight –

It takes time and planning, sometimes years of planning – corruption and lack of transparency in government and state agencies, high tariffs on imports (ad valorem tariffs from 50-80% according to export.gov), changes in Thailand’s legal frame work increasing rule of law and consumer protection, higher insurance premiums and a lengthy patent registration process (export.gov claims the patent process may take several years). This doesn’t include the time to find the space, building or retrofiting an existing factory, hiring and training a local work force, working out the logistics to get supplies to the assembly line and then all the permitting, registration and other red tape needed.

Today, July 26, 2018, U.S. President Donald Trump accused Harley-Davidson of using trade tensions as an excuse to move production overseas:

<blockquote class=”twitter-tweet” data-lang=”en”><p lang=”en” dir=”ltr”>Early this year Harley-Davidson said they would move much of their plant operations in Kansas City to Thailand. That was long before Tariffs were announced. Hence, they were just using Tariffs/Trade War as an excuse. Shows how unbalanced &amp; unfair trade is, but we will fix it…..</p>&mdash; Donald J. Trump (@realDonaldTrump) <a href=”https://twitter.com/realDonaldTrump/status/1011568906992017408?ref_src=twsrc%5Etfw”>June 26, 2018</a></blockquote>
<script async src=”https://platform.twitter.com/widgets.js” charset=”utf-8″></script>

Reuters reported that the plan for the Thailand-made motorcycles would be shipped to the EU to avoid any potential tariffs on US goods. It is estimated the tariffs could cost anywhere from $90 to $100 million per year. The Reuters article also mentioned the move would not result in retail or wholesale price increases in the EU.

Check back for more updates as they become available.

Trump threatens tariffs on imports of European cars.

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According to Bloomberg, the Trump administration threatened a tariff of 20% on cars imported from the European Union if the EU does not remove import duties on U.S. goods.

President Trump tweeted:

“Based on the Tariffs and Trade Barriers long placed on the U.S. and it great companies and workers by the European Union, if these Tariffs and Barriers are not soon broken down and removed, we will be placing a 20% Tariff on all of their cars coming into the U.S. Build them here!” Trump said in a tweet on Friday.

Not mentioned in the Bloomberg article – but some European manufacturers already make vehicles in the US. For example, Mercedes-Benz builds their GLE SUV, GLS SUV, the C-Class and the GLE Coupe in Alabama. BMW builds their X3, X4, X5, X6, and X7 models in South Carolina. Mexico is also host to manufacturing for Audi’s Q5 and VW’s Tiguan and Jetta models.

The EU has already imposed tariffs on $3.3 billion in U.S. goods and would impose further tariffs in the event the U.S. goes through with the import car tariffs.

Further updates will be posted as they become available.

Trump proposes further tariffs on $200 billion worth of Chinese goods.

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Official Portrait of Ambassador Robert E. Lighthizer

US Trade Representative (USTR), Robert Lighthizer released a statement supporting Trump’s request for the USTR to identify $200 billion worth of Chinese goods for an additional 10% in tariffs.

This follows Trump’s announcement last Friday of a 25% tariff on $50 billion in Chinese goods to counter what Trump claims to be “China’s theft of intellectual property and technology and its other unfair trade practices”.

Lighthizer’s full statement reads:

“I support the President’s action. The initial tariffs that the President asked us to put in place were proportionate and responsive to forced technology transfer and intellectual property theft by the Chinese. It is very unfortunate that instead of eliminating these unfair trading practices China said that it intends to impose unjustified tariffs targeting U.S. workers, farmers, ranchers, and businesses. At the President’s direction, USTR is preparing the proposed tariffs to offset China’s action.”

Call David Hsu if you have any questions on how US and Chinese tariffs may impact your business, 832-896-6288 or mail at dhsu@givensjohnston.com.

EU will vote to adopt”counter-balancing measures”on June 20th.

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At the next scheduled European Commission meeting scheduled for today (June 20th), the commission will vote on whether to adopt “counter-balancing measures” against the US.

Last Thursday (June 14th), the European Union countries unanimously endorsed a plan to impose counter trade tariffs against the US covering $3.3 billion worth of US products.

Once the vote is approved, the duties on US goods to the EU should be in place late June or early July.

 

EU approves counter tariffs against US steel and aluminum.

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In response to US tariffs on steel and aluminum, all members of the EU unanimously approved a plan to impose import duties on $3.3 billion worth of US products of steel and aluminum.

Further details will be released in 3 days as they are available and duties are expected to be in place later this month or early July (the next scheduled meeting is June 20th).

Questions, call David Hsu at 832-896-6288 or by email at dhsu@givensjohnston.com.

 

EU imposes tariffs on US goods starting July 1, 2018. Full list here.

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No surprise here – the Associated Press on June 6th published an article stating the European Union (EU) will start imposing duties on US goods starting this July in response to the current administration’s decisions to implement tariffs on steel and aluminum imports from Europe.

The increase in tariffs covers US goods such as steel, cigarettes, t-shirts, women’s cotton denim trousers, rice, broken rice (not a typo), tobacco, bourbon, peanut butter, cranberries and orange juice. The official list of goods subject to a 10%-50% duty can be viewed here.

Based on the items subject to new tariffs, seems like the majority of the people who will be effected are the consumers.

If you have any questions, please contact experienced trade attorney, David Hsu at 832-896-6288 or by email at dhsu@givensjohnston.com.