Information on Trade Remedy Questions and Resources
U.S. Customs and Border Protection (CBP) is enforcing new trade remedy measures for duties and quotas on imported goods
Section 201 Trade Remedies on Solar Cells and Panels, and Washing Machines and Parts
RELATED CSMS MESSAGES
CSMS Number | CSMS Topic |
---|---|
45000915 | UPDATED GUIDANCE: Temporary Restraining Order on the Modification of Section 201 Action on Solar Cells and Panels Lifted |
44583265 | UPDATED GUIDANCE: Temporary Restraining Order Regarding the Modification of Section 201 Action on Solar Cells and Panels: Adjustment of Duty Rate for Fourth Year of Safeguard Measure and Revocation of Bifacial Panel Exclusion |
40969690 | Information on Trade Remedy Questions and Resources |
18-000624 | Entry Summary Order of Reporting For Multiple Harmonized Tariff System (HTS) in ACE |
18-000296 | Generalized System of Preferences (GSP) Reinstated Through December 31, 2020 |
18-000262 | HTS records added to ACE CERT to support Presidential Proclamations 9693 and 9694 |
18-000169 | Harmonized System Update 1802 |
18-000111 | HTS Changes for Washing Machine Parts and Solar Cells |
18-000106 | Harmonized System Update 1801 |
UPDATES
On January 23, 2018, the President issued Presidential Proclamation 9693 and Presidential Proclamation 9694 imposing tariff rate quotas and increased duties on imports of solar cells and panels, and washing machines and parts, effective February 7, 2018.
This action was taken after the respective U.S industries filed petitions under Section 201 of the Trade Act of 1974 with the U.S. International Trade Commission (ITC), and the ITC found that these U.S. industries were injured by imported goods. These measures have a duration of four years for solar cells and panels, and three years for washing machines and parts. These measures cover imports from all countries, except certain developing countries. Canada is also excluded from the washing machines/parts measures.
RELATED FEDERAL REGISTER NOTICES
FRN Number | CSMS Topic |
---|---|
83 FR 3541 | Presidential Proclamation 9693 with Annex I & II Solar Products |
83 FR 3553 | Presidential Proclamation 9694 with Annex Residential Washers |
83 FR 6670 | Exclusion Request Procedures for Solar Products |
83 FR 47393 | Exclusion of Particular Products From the Solar Products Safeguard Measure |
GUIDANCE
The safeguard measures include tariff rate quotas. A tariff rate quota permits a specified quantity of merchandise to be imported at a reduced duty rate during a specified period. For example, the tariff rate quota on solar cells allow importations of a specified quantity of solar cells at no additional duty. After this specified quantity of solar cells is imported, an additional duty is imposed on the over quota imports.
There are four separate safeguard measures:
- A tariff rate quota on solar cells;
- Increased duties on solar panels;
- A tariff rate quota on washing machines;
- A tariff rate quota on washing machine parts.
The President has the authority to modify the safeguard measures, for example, by widening the coverage to any of the excluded countries. USTR also may exempt additional products from the measures.
ADDITIONAL INFORMATION
Existing ACE functionality will be used to process the imports subject to the Section 201 tariff rate quotas and tariffs. For the tariff rate quotas, CBP’s ACE quota module will automatically tabulate the total reported quantities of products subject to quotas, and require the in-quota or out-of-quota tariff rates based on the quota limits.
Section 232 Trade Remedies on Aluminum and Steel
Active Section 232 Product Exclusions in ACE
CBP is posting on a weekly basis the active Section 232 product exclusions in ACE.
If you are unable to file an entry with one of these active product exclusion numbers, contact your CBP client representative.
RELATED CSMS MESSAGES
CSMS Number | CSMS Topic |
45271041 | GUIDANCE: Additional Section 232 Steel and Aluminum Product Exclusions and Revisions to Exclusion Process |
44838240 | GUIDANCE: Section 232 Exemption for Canadian Unwrought Aluminum - Entry Summary and Post Summary Correction Processing |
44591106 | UPDATE: Section 232 on Imports of Aluminum Articles from Canada |
43654621 | GUIDANCE: Additional Duty Under Section 232 on Imports of Aluminum Articles from Canada |
42566154 | Section 232 and Section 301 – Extensions Requests, PSCs, and Protests |
42355735 | Updated Guidance for Chapter 98 - Section 232 Imports of Steel and Aluminum |
42203908 | UPDATED - Information on Trade Remedy Questions and Resources |
41981999 | GUIDANCE: Section 232 Active Steel and Aluminum Product Exclusions |
40299553 | U.S. Customs and Border Protection (CBP) 2019 Q4 Absolute Aluminum Quota Section 232 Quota Limits – Quota Bulletin (QB) 19-148 Revised Absolute Quota Aluminum Products Fourth Quarter Argentina |
40256441 | U.S. Customs and Border Protection (CBP) 2019 Q4 Absolute Quota Section 232 Quota Limits |
40212016 | U.S. Customs and Border Protection (CBP) Reviewing 2019 Q4 Absolute Quota Section 232 Quota Limits |
40969690 | Information on Trade Remedy Questions and Resources |
39633923 | UPDATE: Submitting Imports of Products Excluded from Duties on Imports of Steel or Aluminum |
19-000257 | UPDATE: Decrease in Duty on Imports of Steel Under Section 232 (Republic of Turkey) |
19-000252 | UPDATE: Termination of Section 232 Duty For Steel and Aluminum Products of Canada and MX |
18-000624 | Entry Summary Order of Reporting For Multiple Harmonized Tariff System (HTS) in ACE |
18-000477 | UPDATE Additional Duty on Imports of Steel Articles Under Section 232, Republic of Turkey |
18-000424 | UPDATE: Additional Duty on Imports of Steel and Aluminum Articles Under Section 232; FTZ |
18-000412 | Section 232 Steel and Aluminum Absolute Quota, Effective July 1, 2018 |
18-000378 | UPDATE: Submitting Imports of Products Excluded from Duties on Imports of Steel or Aluminum |
18-000377 | Section 232 Steel and Aluminum Absolute Quotas - Effective June 1, 2018 |
18-000372 | UPDATE: Additional Duty on Imports of Steel and Aluminum Articles under Section 232 of the Trade Expansion Act of 1962 |
18-000352 | Submitting Imports of Products Excluded from Duties on Imports of Steel or Aluminum |
18-000317 | Update: Additional Duty on Imports, Revised version with new filing requirements for imports of aluminum and steel from South Korea |
18-000296 | Generalized System of Preferences (GSP) Reinstated Through December 31, 2020 |
18-000258 | Update: Section 232 and Immediate Transportation Entries |
18-000257 | IT Bond CSMS Message - Section 232 |
18-000249 | Additional Information on Entry Summary Filing Issues Related to Duties on Imports of Steel and Aluminum Articles under Section 232 |
18-000240 | Additional Duty on Imports of Steel and Aluminum Articles under Section 232 |
UPDATES
On May 19, 2019, the President issued two Proclamations adjusting Proclamations 9704 and 9705 after the United States announced an agreement with Canada and Mexico to remove the Section 232 tariffs for steel and aluminum imports from those countries.
On August 6, 2020, the President issued a Presidential Proclamation on Adjusting Imports of Aluminum Into the United States, announcing that certain aluminum articles imported under Harmonized Tariff Schedule of the United States (HTSUS) subheading 7601.10 that are the products of Canada will be subject to the additional 10 percent ad valorem rate of duty, effective August 16, 2020.
RELATED FEDERAL REGISTER NOTICES
FRN Number | FRN Topic |
---|---|
83 FR 20683 | Adjusting Imports of Steel Into the United States |
83 FR 20677 | Adjusting Imports of Steel Into the United States |
83 FR 13355 | Adjusting Imports of Steel Into the United States |
83 FR 13361 | Adjusting Imports of Steel Into the United States |
83 FR 11619 | Adjusting Imports of Steel Into the United States |
83 FR 11625 | Adjusting Imports of Steel Into the United States |
Requirements for Submissions Requesting Exclusions From the Remedies Instituted in Presidential Proclamations Adjusting Imports of Steel Into the United States and Adjusting Imports of Aluminum Into the United States; and the Filing of Objections to Submitted Exclusion Requests for Steel and Aluminum | |
83 FR 46026 | Title: Submissions of Exclusion Requests and Objections to Submitted Requests for Steel and Aluminum |
83 FR 26751 | Implementation of New Commerce Section 232 Exclusions Portal |
83 FR 25849 | Adjusting Imports of Steel Into the United States |
83 FR 25857 | Adjusting Imports of Steel Into the United States |
83 FR 40429 | Adjusting Imports of Steel Into the United States |
GUIDANCE
All imports of steel articles covered by Heading 9903.80.01, in subchapter III of Chapter 99 of the HTSUS, shall be subject to an additional 25 percent ad valorem rate of duty with respect to goods entered for consumption, or withdrawn from warehouse for consumption on or after 12:01 a.m. eastern daylight time on May 21, 2019, from all countries (including Turkey) except Argentina, Australia, Brazil, Canada, Mexico and South Korea.
Commodity
Countries Covered by Section 232 Import Duties
Please note that the Section 232 measures are based on the country of origin, not the country of export.
Steel
As of May 20, 2019: All countries of origin except Argentina, Australia, Brazil, Canada, Mexico and South Korea
Aluminum
As of May 20, 2019: All countries of origin except Argentina, Australia, Canada and Mexico.
Countries Covered by Section 232 Absolute Quotas
Steel
As of June 1, 2018: Argentina, Brazil, and South Korea.
Aluminum
As of June 1, 2018: Argentina.
For both steel and aluminum, imports of United States origin are not covered by the Section 232 measures.
Filing Instructions
Section 232 Import Duties
Use non-quota entry type codes.
UPDATE: As of June 1, 2018, for all imports of aluminum from South Korea, importers should also use non-quota entry type codes.
Steel Products
In addition to reporting the regular Chapters 72 and 73 of the Harmonized Tariff Schedule (HTS) classification for the imported merchandise, importers shall report the following HTS classification for imported merchandise subject to the additional duty: 9903.80.01 (25 percent ad valorem additional duty for steel mill products).
Steel articles covered by the Section 232 remedy that are the product of the Republic of Turkey (Turkey) were subject to 50% ad valorem duty rate from August 13, 2018, through May 20, 2019, under HTSUS 9903.80.02.
Steel Products from Turkey
In addition to reporting the regular Chapter 72 of the Harmonized Tariff Schedule of the United States (HTSUS) classification for the imported merchandise, importers shall report the following HTSUS classification for imported merchandise subject to the additional duty:
Goods entered for consumption, or withdrawn from warehouse for consumption before 12:01 a.m. eastern daylight time on May 21, 2019, shall be filed using the 9903.80.02 special provision for 50% ad valorem duty rate for products of iron and steel from Turkey.
Goods entered for consumption, or withdrawn from warehouse for consumption on or after 12:01 a.m. eastern daylight time on May 21, 2019, shall be filed using the 9903.80.01 special provision for 25% ad valorem duty rate for products of iron and steel from all countries (including Turkey) except Argentina, Australia, Brazil, Canada, Mexico and South Korea.
Aluminum Products
In addition to reporting the regular Chapter 76 of the HTS classification for the imported merchandise, importers shall report the following HTS classification for imported merchandise subject to the additional duty:
9903.85.01 (10 percent ad valorem additional duty for aluminum products)
Section 232 Absolute Quota
Use quota entry type codes (entry types 02, 06, 07, 12, 23, 32, 38, or 52).
For further guidance, see CBP quota bulletins.
Generalized System of Preferences (GSP) and African Growth and Opportunity Act (AGOA)
GSP and AGOA-eligible goods that are subject to Section 232 duties or quotas may not receive GSP or AGOA duty preference in accordance with 19 USC 2463(b)(2).
On imports subject to Section 232 duties or quotas (including imports from Argentina and Brazil), in addition to any applicable Section 232 duties, importers should pay the normal trade relations (column 1) duty rates and not submit the GSP Special Program Indicator (SPI) “A” or the AGOA SPI “D”.
Other Trade Preference Programs and Free Trade Agreements
Trade preference may be claimed for all preference programs with the exception of GSP and AGOA, as stated above. Importers making a trade preference claim under a program other than GSP or AGOA may continue to receive the preferential duty rate and any MPF exemption that may apply in accordance with 19 CFR 24.23(c). Section 232 duties must be paid on imports subject to Section 232 even if trade preferences apply.
ADDITIONAL INFORMATION
Chapter 98
Imports subject to Section 232 duties imported under subheading 9802.00.60 shall be assessed Section 232 duties based upon the full value of the imported article.
Imports of U.S. origin are not subject to Section 232 duties.
Foreign Trade Zones
Any steel articles imported from Turkey that were admitted into a United States foreign trade zone under “privileged foreign status” as defined in 19 CFR 146.41, prior to 12:01 a.m. eastern daylight time on May 21, 2019, shall be subject upon entry for consumption on or after such time and date to the additional 25 percent additional ad valorem rate of duty in heading 9903.80.01 in subchapter III of chapter 99 of the HTSUS.
Any steel or aluminum article, except those eligible for admission under “domestic status” as defined in 19 CFR 146.43, subject to the Section 232 duties, that is admitted into U.S. foreign trade zones on or after 12:01 a.m. eastern daylight time on March 23, 2018, must be admitted as “privileged foreign status” as defined in 19 CFR 146.41, and will be subject upon entry for consumption to any ad valorem rates of duty related to the classification under the applicable Harmonized Tariff Schedule (HTS) subheading.
Any steel or aluminum article, except those eligible for admission under “domestic status” as defined in 19 CFR 146.43, subject to the 232 duties, that was admitted into U.S. foreign trade zones under "privileged foreign status" as defined in 19 CFR 146.41, prior to 12:01 a.m. eastern daylight time on March 23, 2018, will likewise be subject upon entry for consumption to any ad valorem rates of duty related to the classification under applicable Harmonized Tariff Schedule (HTS) subheadings imposed by the Proclamations.
Aluminum or steel articles shall not be subject upon entry for consumption to Section 232 duties, merely by reason of manufacture in a U.S. foreign trade zone. However, articles admitted to a U.S. foreign trade zone in “privileged foreign status,” shall retain that status consistent with 19 CFR 146.41(e).
The merchandise covered by the additional duties and quota may also be subject to antidumping and countervailing duties.
Drawback
No drawback shall be available with respect to the Section 232 duties imposed on any aluminum or steel article.
Section 232 Trade Remedies on Derivatives
RELATED CSMS MESSAGES
UPDATES
On January 29, 2020, the President issued Proclamation 9980 on Adjusting Imports of Derivative Aluminum Articles and Derivative Steel Articles into the United States under Section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862), providing for additional import duties for derivative Aluminum and Steel Articles of the Trade Expansion Act of 1962. See the Federal Register (FR), 85 FR 5281, January 29, 2019.
RELATED FEDERAL REGISTER NOTICES
FRN Number | FRN Topic |
---|---|
85 FR 5281 | Adjusting Imports of Derivative Aluminum Articles and Derivative Steel Articles Into the United States |
GUIDANCE
COMMODITY:
Derivative Aluminum and Steel articles, as specified per Presidential proclamation 9980 and 85 FR 5281 (see below).
COUNTRIES COVERED:
Derivative Aluminum Articles: All countries of origin except Argentina, Australia, Canada, and Mexico.
Derivative Iron or Steel Articles: All countries of origin except Argentina, Australia, Brazil, Canada, Mexico, and South Korea.
Please note this is based on the country of origin, not the country of export.
GUIDANCE:
Per 85 FR 5281, issued January 29, 2020, the additional duties on imports of Derivative Aluminum and Steel Articles are effective with respect to goods entered, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on February 8, 2020.
Derivative Aluminum Products:
Importers shall report the following HTS classification for imported merchandise subject to the additional duty: 9903.85.03 (10 percent ad valorem additional duty for derivative of aluminum products). In addition to reporting the regular Chapter 76 of the HTS classification for the imported derivative merchandise, for aluminum stampings, new HTS classifications 8708.10.30.30 and 8708.29.21.30 will be effective on February 8, 2020.
Heading 9903.85.03 shall apply to the following derivative aluminum products:
(A) stranded wire, cables, plaited bands and the like, including slings and similar articles, of aluminum and with steel core, not electrically insulated; the foregoing fitted with fittings or made up into articles (described in subheading 7614.10.50);
(B) stranded wire, cables, plaited bands and the like, including slings and similar articles, of aluminum and not with steel core, not electrically insulated; the foregoing comprising electrical conductors, not fitted with fittings or made up into articles (described in subheading 7614.90.20);
(C) stranded wire, cables, plaited bands and the like, including slings and similar articles, of aluminum and not with steel core, not electrically insulated; the foregoing not comprising electrical conductors, not fitted with fittings or made up into articles (described in subheading 7614.90.40);
(D) stranded wire, cables, plaited bands and the like, including slings and similar articles, of aluminum and not with steel core, not electrically insulated; the foregoing fitted with fittings or made up into articles (described in subheading 7614.90.50);
(E) bumper stampings of aluminum, the foregoing comprising parts and accessories of the motor vehicles of headings 8701 to 8705 (described in subheading 8708.10.30); and
(F) body stampings of aluminum, for tractors suitable for agricultural use (described in subheading 8708.29.21).
Derivative Iron or Steel Products:
Importers shall report the following HTS classification for imported merchandise subject to the additional duty: 9903.80.03 (25 percent ad valorem additional duty on derivative for iron/steel products). In addition to reporting the regular Chapter 73 of the HTS classification for the imported derivative merchandise, for steel stampings, the new HTS classification 8708.10.30.20 and 8708.29.21.20 will be effective on February 8, 2020.
Heading 9903.80.03 shall apply to the following derivative iron or steel products:
(A) nails, tacks (other than thumb tacks), drawing pins, corrugated nails, staples (other than those of heading 8305) and similar articles, of iron or steel, whether or not with heads of other material (excluding such articles with heads of copper), suitable for use in powder-actuated hand tools, threaded (described in subheading 7317.00.30); and
(B) nails, tacks (other than thumb tacks), drawing pins, corrugated nails, staples (other than those of heading 8305) and similar articles, of iron or steel, whether or not with heads of other material (excluding such articles with heads of copper), of one piece construction, whether or not made of round wire; the foregoing described in statistical reporting numbers 7317.00.5503, 7317.00.5505, 7317.00.5507, 7317.00.5560, 7317.00.5580 or 7317.00.6560 only and not in other statistical reporting numbers of subheadings 7317.00.55 and 7317.00.65;
(C) bumper stampings of steel, the foregoing comprising parts and accessories of the motor vehicles of headings 8701 to 8705 (described in subheading 8708.10.30); and
(D) body stampings of steel, for tractors suitable for agricultural use (described in subheading 8708.29.21).
Goods for which entry is claimed under a provision of chapter 98 and which are subject to the additional duties prescribed herein shall be eligible for and subject to the terms of such provision and applicable CBP regulations, except that duties under subheading 9802.00.60 shall be assessed based upon the full value of the imported article. In particular, please note that if body stampings of aluminum or steel, for tractors suitable for agricultural use qualify under 9817.00.50/.60, the imports are still subject to the additional 232 duties.
No claim for entry or for any duty exemption or reduction shall be allowed for the derivative aluminum or iron/steel products enumerated in this subdivision under a provision of chapter 99 that may set forth a lower rate of duty or provide duty-free treatment, taking into account information supplied by CBP, but any additional duty prescribed in any provision of this subchapter or subchapter IV of chapter 99 shall be imposed in addition to the duty in heading 9903.85.03 for aluminum and 9903.80.03 for steel.
ADDITIONAL INFORMATION
Any derivative article described in the proclamation, except those eligible for admission under “domestic status” as defined in 19 CFR 146.43, that is subject to the duty imposed by clause 1 of the proclamation, and that was admitted into a U.S. foreign trade zone under “privileged foreign status” as defined in 19 CFR 146.41, prior to 12:01 a.m. eastern standard time on February 8, 2020, will likewise be subject upon entry for consumption to any ad valorem rates of duty related to the classification under the applicable HTSUS subheading added by this proclamation.
Derivative articles shall not be subject upon entry for consumption to the duty established in this proclamation merely by reason of manufacture in a U.S. foreign trade zone. However, derivative articles admitted into a U.S. foreign trade zone in “privileged foreign status” of this proclamation shall retain that status consistent with 19 CFR 146.41(e).
No drawback shall be available with respect to the Section 232 duties imposed on any aluminum or steel article.
GSP and AGOA-eligible goods that are subject to Section 232 duties or quotas may not receive GSP or AGOA duty preference in accordance with 19 USC 2463(b)(2).
Trade preference may be claimed for all preference programs with the exception of GSP and AGOA, as stated above. Importers making a trade preference claim under a program other than GSP or AGOA may continue to receive the preferential duty rate and any MPF exemption that may apply in accordance with 19 CFR 24.23(c). Section 232 duties must be paid on imports subject to Section 232 even if trade preferences apply.
The merchandise covered by the additional duties may also be subject to antidumping and countervailing duties.
Imports of U.S. origin are not subject to Section 232 duties.
CBP will issue additional guidance on entry requirements for any products excluded from these measures, as soon as information is available. CBP will also issue updated guidance if there are any changes to these measures, including any changes to exempted countries and any new requirements, such as quota requirements.
IMMEDIATE TRANSPORTATION SHIPMENTS
Under 19 CFR 141.69(b), 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.
Section 301 Trade Remedies to be Assessed on Certain Products from China
The Office of the United States Trade Representative (USTR) initiated an investigation, on August 18, 2017, under Section 301 of the Trade Act of 1974 into the government of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. On March 22, 2018, pursuant to Section 301 of the Trade Act of 1974, the President issued a Presidential memorandum directing USTR to consider whether to increase tariffs on imported goods from China.
RELATED CSMS MESSAGES
CSMS Number | CSMS Topic |
---|---|
45453497 | GUIDANCE: Revision of Section 301 Action: Enforcement of U.S. World Trade Organization Rights in Large Civil Aircraft Dispute |
45318223 | GUIDANCE: Section 301 Modifications and Product Exclusion Extensions from China Duties (9903.88.62, 9903.88.63, 9903.88.64, 9903.88.65) |
45268260 | Los Angeles-Long Beach Port Limits |
45318223 | GUIDANCE: Section 301 Modifications and Product Exclusion Extensions from China Duties (9903.88.62, 9903.88.63, 9903.88.64, 9903.88.65) |
44451479 | GUIDANCE: Section 301 Tranche 1 - $34B Action Extension of Product Exclusions from China |
44450418 | GUIDANCE: Section 301 Tranche 2 - $16B Action Extension of Product Exclusions from China |
44172343 | GUIDANCE: Section 301 Tranche 3 - $200B Technical Amendment |
44198137 | GUIDANCE: Section 301 Tranche 2 - $16B Action Extension of Product Exclusions from China |
44243021 | GUIDANCE: Section 301 Tranche 1 - $34B Action Extension of Product Exclusions from China |
44016918 | GUIDANCE: Section 301 Tranche 4A - $300B Product Exclusion Extensions |
43828656 | GUIDANCE: Section 301 Tranche 3 - $200B Product Exclusions and Technical Amendments |
43751936 | UPDATED GUIDANCE: Section 301 China Tranche 3 - $200B Product Exclusion Extensions |
43687570 | GUIDANCE: Section 301 China Tranche 3 - $200B Product Exclusion Extensions |
43534641 | GUIDANCE: Section 301 Tranche 4A - $300B Eighth Round of Product Exclusions from China and Section 301 Technical Corrections |
43656381 | GUIDANCE: Section 301 Tranche 4A - $300B Ninth Round of Product Exclusions from Chinas/USDHSCBP/bulletins/2994af1 |
43600625 | GUIDANCE: Section 301 Tranche 2 - $16B Action Extension of First Round of Product Exclusions from China |
43531632 | GUIDANCE: Amendments to Previously Granted Exclusions Covered Under China Section 301 Remedy |
43464503 | GUIDANCE: Technical Amendments and Amendments to Accommodate Conforming HTSUS Changes to China Section 301 Tranche 3 - $200B |
43401456 | GUIDANCE: Seventh Round of Product Exclusions from China Section 301 Tranche 4A - $300B and Section 301 Technical Corrections |
43400564 | GUIDANCE: Addition of Product Exclusion to the Tranche 3-$200B Action and Extension of Sixth Round of Product Exclusions Covered Under China Section 301 |
43229317 | UPDATE: Section 301 Filing Requirements Related to Changes in the Harmonized Tariff Schedule of the United States Effective July 1, 2020 |
43134617 | GUIDANCE: Fifth Round of Product Exclusions from China Section 301 Tranche 4A - $300B |
43044185 | GUIDANCE: Section 301 Tranche 3 - $200B: 14th Round of Product Exclusions from China (9903.88.48) |
43043838 | GUIDANCE: Extension of Certain Product Exclusions Covered under Tranche 1 ($34B Action) of China Section 301 Remedy |
42839255 | GUIDANCE: Section 301 China Extension of Certain Product Exclusions Covered under Tranche 1 - $34B –Action |
42837261 | Section 301 Tranche 4A -$300B Fourth Round of Exclusions 9903;88.47 |
42693720 | GUIDANCE: Section 301 Tranche 3 - $200B: 13th Round of Product Exclusions from China |
42566220 | GUIDANCE: Section 301 Tranche 3 - $200B: Twelfth Round of Product Exclusions from China (9903.88.45) |
42566154 | Section 232 and Section 301 – Extensions Requests, PSCs, and Protests |
42355914 | GUIDANCE: Section 301 China – Extension of Certain Product Exclusions Covered under Tranche 1 - $34B –Action (9903.88.07) |
42219187 | GUIDANCE: Section 301 Tranche 4A - $300B Third Round of Product Exclusions from China (9903.88.44) |
42203908 | UPDATED - Information on Trade Remedy Questions and Resources |
42180527 | GUIDANCE: One Year Extension on Certain China Section 301 Exclusions for Products Covered Under Tranche 1 - $34B – Action (9903.88.06) |
42181055 | GUIDANCE: Section 301 Tranche 3 - $200B Eleventh Round of Product Exclusions from China |
42049352 | GUIDANCE: Section 301 Tranche 4A - $300B Second Round of Product Exclusions from China (9903.88.42) |
42048963 | GUIDANCE: Section 301 Tranche 3 - $200B Tenth Round of Product Exclusions from China (9903.88.41) |
41998518 | GUIDANCE: Section 301 Tranche 3 - $200B Ninth Round of Product Exclusions from China |
41955151 | GUIDANCE: Section 301 Product Exclusions from Tranche 4A - $300B Round from China (9903.88.39) |
41834749 | GUIDANCE: Section 301 $200B 8th Round of Product Exclusions |
41878462 | GUIDANCE: Section 301 China – Additional Product Exclusions and Amendments to Previous Exclusion Rounds on Certain Products Covered under Tranche 1 - $34B –Action |
40003027 | CORRECTED: Ninth Round of Products Excluded from Section 301 Duties (Tranche 3) and Application of Duties for Certain Set Provisions in Tranche 3 and Tranche 4 Annex A |
40002982 | CORRECTED GUIDANCE: Tenth Round of Products Excluded from Section 301 Duties |
40001360 | CORRECTED: Eleventh Round of Products Excluded from Section 301 Duties (Tranche 2) |
19-000052 | Submitting Imports of Products Excluded from Section 301 Duties |
41702837 | Section 301 $200B - Tranche 3 Seventh Round of Product Exclusions from China |
41179115 | Trade Remedy 301 HTS 9903.88.01 validation issue will be fixed 1/4/2020 |
41052773 | GUIDANCE: Section 301 $200B –Tranche 3 Sixth Round of Product Exclusions from China |
41538917 | GUIDANCE: Decrease in Section 301 Duties on Certain Products of China; $300B-Action -Tranche 4A |
40984510 | Section 301 Duties on Certain Products of China Scheduled to be Effective December 15, 2019 Have Been Suspended Indefinitely |
40901928 | GUIDANCE: Section 301 $200B Tranche 3 Fifth Round of Product Exclusions from China |
49710742 | GUIDANCE: Section 301 $200B Tranche 3 Fourth Round of Product Exclusions from China |
40330403 | GUIDANCE: Section 301 Tranche 1 Eighth Round of Exclusions |
40208881 | GUIDANCE: 3rd Round of Products Excluded from Section 301 Articles of China Specific to Tranche 2 ($16B Action) |
40969690 | Information on Trade Remedy Questions and Resources |
40564257 | GUIDANCE: Section 301 $200B-Tranche 3 Third Round of Product Exclusions from China |
39587690 | UPDATE: Updated Information on Section 301 Trade Remedies to be Assessed on Certain Products of China; Fourth List of Products Subject to the Section 301 Remedy (Tranche 4) |
39587858 | Entry Summary Order of Reporting For Multiple HTS when 98 or 99 HTS are Required |
39473933 | INFORMATION: Updated Information on Section 301 Trade Remedies to be Assessed on Certain Products of China; Fourth List of Products Subject to the Section 301 Remedy (Tranche 4) |
39268267 | Eighth Round of Products Excluded from Section 301 Duties (Tranche 3) |
39169565 | GUIDANCE: Seventh Round of Products Excluded from Section 301 Duties (Tranche 2) |
38840764 | GUIDANCE: Sixth Round of Products Excluded from Section 301 Duties (Tranche 1) |
19-000332 | GUIDANCE: Fifth Round of Products Excluded from Section 301 Duties (Tranche 1) |
19-000260 | Section 301 Products Excluded from Duties - Liquidation Extension Request |
19-000244 | Submitting Imports of Fourth Group of Products Excluded from Section 301 Duties |
19-000238 | UPDATE- Section 301 (Tranche 3) Duties as of May 10, 2019 |
19-000236 | UPDATE-Change in Effective Date of Duty Increase of Section 301 (Tranche 3) Duties |
19-000212 | Submitting Imports of Third Group of Products Excluded from Section 301 Duties |
19-000155 | Submitting Imports of Second Group of Products Excluded from Section 301 Duties |
19-000095 | UPDATE- Section 301 Increased Duties Postponed |
18-000757 | Section 301 Product Exclusions – Announced on 12/28 |
18-000752 | Update: Change in Effective Date of Duty Increase of Goods Subject to Section 301 Duties |
18-000624 | Entry Summary Order of Reporting For Multiple Harmonized Tariff System (HTS) in ACE |
18-000621 | Reissuing CSMS 18-000575 to Correct a Typographical Error in the Section on Removal of Subheadings In Chapter 3, HTSUS |
18-000606 | CBP Implementation of H.R. 4813, The Miscellaneous Tariff Bill Act of 2018 |
18-000554 | Update: Third List of Products Subject to the Section 301 Remedy |
18-000498 | Update: Drawback Claims |
18-000493 | Update: Additional List of Products Subject to Section 301 Remedy |
18-000419 | Update: Filing Requirements for Chapter 98 Entries and Information on Drawback Eligibility |
18-000409 | Section 301 Trade Remedies to be Assessed on Certain Products from China Effective July 6 |
UPDATES
On August 30, 2019, in accordance with the specific direction of the President, the USTR published their determination to modify the action being taken in the Section 301 investigation by increasing the rate of additional duty from 10 to 15 percent for the products of China covered by the $300 billion tariff action (Tranche 4).
RELATED FEDERAL REGISTER NOTICES
FRN Number | Date Published | FRN Title |
---|---|---|
6/20/2018 | Notice of Action and Request for Public Comment Concerning Proposed Determination of Action Pursuant to Section 301: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation | |
8/16/2018 | Notice of Action Pursuant to Section 301: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation | |
9/21/2018 | Notice of Modification of Section 301 Action: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation | |
83 FR 67463 | 12/28/2018 | Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation |
84 FR 11152 | 3/25/2019 | Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation |
84 FR 16310 | 4/18/2019 | Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation |
84 FR 20459 | 5/9/2019 | Notice of Modification of Section 301 Action: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation |
84 FR 23189 | 5/14/2019 | Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation |
84 FR 21892 | 5/15/2019 | Implementing Modification to Section 301 Action: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation |
84 FR 26930 | 6/4/2019 | Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation |
84 FR 25895 | 6/10/2019 | Additional Implementing Modification to Section 301 Action: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation |
84 FR 32821 | 7/9/2019 | Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation |
84 FR 37381 | 7/31/2019 | Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation |
84 FR 38717 | 8/7/2019 | Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation |
84 FR 43304 | 8/20/2019 | Notice of Modification of Section 301 Action: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation |
84 FR 45821 | 8/30/2019 | Notice of Modification of Section 301 Action: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation |
84 FR 49564 | 9/20/2019 | Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation |
84 FR 49591 | 9/20/2019 | Notice of Product Exclusions, Amendment to the Exclusion Process, and Technical Amendments: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation |
84 FR 49600 | 9/20/2019 | Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation |
84 FR 52567 | 10/2/2019 | Notice of Product Exclusions and Amendments: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation |
GUIDANCE
301 Liquidation Extension Request
As the IOR, if you have a pending product exclusion request with USTR and you are concerned that a corresponding entry may liquidate before USTR renders a decision on the exclusion request, you may request an extension of the liquidation deadline, Section 10.3 of the ACE Entry Summary Business Process Document, available at www.cbp.gov/document/guides/ace-entry-summary-business-process. A liquidation may be extended up to three years.
You may request liquidation extensions from the Center of Excellence and Expertise assigned to your import entries. Please contact an Import Specialist at the Center of Excellence and Expertise at www.cbp.gov/trade/centers-excellence-and-expertise-information/cee-directory
Questions related to System Errors and/or Transmission Rejections
The Client Representatives are the first point of contact for the Trade community when it relates to automating your systems for interactions with CBP, system-related problems after automation, and any questions on transmitting data to CBP.
If you need more information on who the Client Representative for your area is, please reach out to gmb.clientrepoutreach@cbp.dhs.gov
Post Summary Correction
Product exclusions granted by USTR so far are retroactive to July 6, 2018, for unliquidated entries or entries that are liquidated but not final. Once a product exclusion is granted by USTR, an Importer of Record (IOR) may request an administrative refund by filing a Post Summary Correction (PSC) for unliquidated entries that are covered by the exclusion. If an entry is liquidated prior to the filling of a PSC, a party may file a protest.
For questions regarding how to fill out and submit a PSC or protest, please contact an Import Specialist at the Center of Excellence and Expertise at www.cbp.gov/trade/centers-excellence-and-expertise-information/cee-directory
Classification Rulings
CBP issues binding advance rulings and other legal decisions in connection with the importation of merchandise into the United States. Advance rulings provide the international trade community with a transparent and efficient means of understanding how CBP will treat a prospective import or carrier transaction.
For general information regarding Customs’ rulings or to request an electronic binding ruling, please visit www.cbp.gov/trade/rulings.
For guidance concerning classification, you may wish to review binding ruling via CBP’s Customs Ruling Online Search System (CROSS) at https://rulings.cbp.gov/home.
ADDITIONAL INFORMATION
Section 301 Questions
For questions regarding Section 301, please see CBP’s list of Frequently Asked Questions at www.cbp.gov/trade/programs-administration/entry-summary/section-301-trade-remedies/faqs
For questions concerning Section 301 Product Exclusion submissions and the status of those submissions, please visit the following Office of the United States Trade Representative (USTR)’s link: https://ustr.gov/issue-areas/enforcement/section-301-investigations/search
Section 301 Trade Remedies to Enforce U.S. WTO Rights in Large Civil Aircraft Dispute
The U.S. Trade Representative has determined that the European Union (EU) and certain member States have denied U.S. rights under the World Trade Organization (WTO) Agreement and have failed to implement WTO Dispute Settlement Body recommendations concerning certain subsidies to the EU large civil aircraft industry.
RELATED CSMS MESSAGES
CSMS Number | CSMS Topic |
---|---|
43784137 | UPDATED GUIDANCE: Modification of Section 301 Action: Enforcement of U.S. World Trade Organization (WTO) Rights in Large Civil Aircraft Dispute |
43762405 | GUIDANCE: Modification of Section 301 Action: Enforcement of U.S. World Trade Organization (WTO) Rights in Large Civil Aircraft Dispute |
41898289 | UPDATE: Section 301 EU LCA Modification |
40430843 | Additional Duty on Products of the Countries of the European Union Under Large Civil Aircraft Section 301 Trade Remedy Action |
40281968 | Additional Duty on Products of the Countries of the European Union Under Large Civil Aircraft Section 301 Trade Remedy Action |
UPDATES
On October 9, 2019, the U.S. Trade Representative (USTR) published 84 FR 54245, a Notice of Determination and Action Pursuant to Section 301: Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute. The notice announces the U.S. Trade Representative’s determination to impose additional duties on products of the EU or certain member states. These products are subject to either 10% or 25% additional duties.
RELATED FEDERAL REGISTER NOTICES
FRN Number | FRN Topic |
---|---|
84 FR 54245 | Notice of Determination and Action Pursuant to Section 301: Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute |
GUIDANCE
Chapter 98 and Chapter 99
Products of Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, or the United Kingdom that are subject to this Section 301 trade remedy and that are eligible for temporary duty exemptions or reductions under HTS Heading 9902 shall be subject to the additional duties imposed by subheadings 9903.89.05 through 9903.89.50. Any such duty exemption or reduction shall apply only to the chapters 1 through 97 of the HTSUS.
The additional duties imposed by subheadings 9903.89.05 through 9903.89.50 do not apply to goods for which entry is properly claimed under a provision of chapter 98 of the HTSUS, except for goods entered under subheadings 9802.00.40, 9802.00.50 and 9802.00.60 and heading 9802.00.80. For subheadings 9802.00.40, 9802.00.50 and 9802.00.60, the additional duties apply to the value of repairs, alterations or processing performed, as described in the applicable subheading, in one or more of the following countries: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, or the United Kingdom. For heading 9802.00.80, the additional duties apply to the value of the article, less the cost or value of such products of the United States, as described in heading 9802.00.80.
Chapter 98 and Chapter 99 Filing Instructions
When submitting an entry summary in which a heading or subheading in Chapter 98 and/or 99 is claimed on imported merchandise, the following instructions will apply for the order of reporting the HTS on an entry summary line.
HTS Sequence:
- Chapter 98 (if applicable)
- Chapter 99 number(s) for additional duties (if applicable),
- For trade remedies:
- First report the Chapter 99 HTS for Section 301 Goods of China OR Chapter 99 HTS for 301 Goods of Certain EU Countries (Large Civil Aircraft) (if applicable),
- Followed by the Chapter 99 HTS for Section 232 or 201 duties (if applicable),
- Followed by the Chapter 99 HTS for Section 201 or 232 quota (if applicable),
- Chapter 99 number(s) for REPLACEMENT duty or other use (i.e., MTB or other provisions) (if applicable),
- Chapter 99 number for other quota (not covered by #3) (if applicable),
- Chapter 1 to 97 Commodity Tariff
ADDITIONAL INFORMATION
Anti-dumping/Countervailing Duty (AD/CVD)
Products of Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden or the United Kingdom that are described in any of subheading 9903.89.05 through 9903.89.50 and classified in one of the subheadings enumerated in such subheadings, shall continue to be subject to anti-dumping, countervailing, or other duties (including duties imposed by other provisions of subchapter III of this chapter and safeguard duties set forth in provisions of subchapter IV of this chapter), fees, exactions and charges that apply to such products, as well as to the additional imposed herein.
Foreign Trade Zones
Any product listed in Annex A, except any product that is eligible for admission under ‘domestic status’ as defined in 19 CFR 146.43, which is subject to the additional duty imposed by this determination, and is admitted into a U.S. foreign trade zone on or after 12:01 a.m. eastern daylight time on October 18, 2019, only may be admitted as ‘privileged foreign status’ as defined in 19 CFR 146.41. Such products will be subject upon entry for consumption to any ad valorem rates of duty or quantitative limitations related to the classification under the applicable HTSUS subheading.