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Trade Remedies

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

Section 201 Related CSMS Messages
CSMS NumberCSMS Topic
40969690Information on Trade Remedy Questions and Resources
18-000624 Entry Summary Order of Reporting For Multiple Harmonized Tariff System (HTS) in ACE
18-000296Generalized System of Preferences (GSP) Reinstated Through December 31, 2020
18-000262HTS records added to ACE CERT to support Presidential Proclamations 9693 and 9694
18-000169Harmonized System Update 1802
18-000111HTS Changes for Washing Machine Parts and Solar Cells
18-000106Harmonized 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.

83 FR 3541   83 FR 3553

RELATED FEDERAL REGISTER NOTICES

Section 201 Related FRNs

FRN NumberCSMS Topic
83 FR 3541Presidential Proclamation 9693 with Annex I & II Solar Products
83 FR 3553Presidential Proclamation 9694 with Annex Residential Washers
83 FR 6670 Exclusion Request Procedures for Solar Products  
83 FR 47393Exclusion 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.

Quota Enforcement and Administration

Commodity Status Reports

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

Section 232 Related CSMS Messages
CSMS NumberCSMS Topic
42566154Section 232 and Section 301 – Extensions Requests, PSCs, and Protests
42355735Updated Guidance for Chapter 98 - Section 232 Imports of Steel and Aluminum
42203908UPDATED - Information on Trade Remedy Questions and Resources
41981999GUIDANCE: Section 232 Active Steel and Aluminum Product Exclusions
40299553U.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
40256441U.S. Customs and Border Protection (CBP) 2019 Q4 Absolute Quota Section 232 Quota Limits
40212016U.S. Customs and Border Protection (CBP) Reviewing 2019 Q4 Absolute Quota Section 232 Quota Limits
40969690Information on Trade Remedy Questions and Resources
39633923UPDATE: Submitting Imports of Products Excluded from Duties on Imports of Steel or Aluminum
19-000257UPDATE: Decrease in Duty on Imports of Steel Under Section 232 (Republic of Turkey)    
19-000252UPDATE: Termination of Section 232 Duty For Steel and Aluminum Products of Canada and MX
18-000624Entry Summary Order of Reporting For Multiple Harmonized Tariff System (HTS) in ACE
18-000477UPDATE Additional Duty on Imports of Steel Articles Under Section 232, Republic of Turkey
18-000424UPDATE: Additional Duty on Imports of Steel and Aluminum Articles Under Section 232; FTZ
18-000412Section 232 Steel and Aluminum Absolute Quota, Effective July 1, 2018
18-000378UPDATE: Submitting Imports of Products Excluded from Duties on Imports of Steel or Aluminum
18-000377Section 232 Steel and Aluminum Absolute Quotas - Effective June 1, 2018
18-000372UPDATE: Additional Duty on Imports of Steel and Aluminum Articles under Section 232 of the Trade Expansion Act of 1962
18-000352Submitting Imports of Products Excluded from Duties on Imports of Steel or Aluminum
18-000317Update: Additional Duty on Imports, Revised version with new filing requirements for imports of aluminum and steel from South Korea
18-000296Generalized System of Preferences (GSP) Reinstated Through December 31, 2020
18-000258Update: Section 232 and Immediate Transportation Entries
18-000257IT Bond CSMS Message - Section 232
18-000249Additional Information on Entry Summary Filing Issues Related to Duties on Imports of Steel and
Aluminum Articles under Section 232
18-000240Additional 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.

RELATED FEDERAL REGISTER NOTICES

Section 232 Related FRNs

FRN NumberFRN Topic
83 FR 20683Adjusting Imports of Steel Into the United States
83 FR 20677Adjusting Imports of Steel Into the United States
83 FR 13355

Adjusting Imports of Steel Into the United States

83 FR 13361Adjusting Imports of Steel Into the United States
83 FR 11619Adjusting Imports of Steel Into the United States
83 FR 11625Adjusting 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 25849Adjusting Imports of Steel Into the United States
83 FR 25857Adjusting Imports of Steel Into the United States
83 FR 40429Adjusting 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

Steel mill and aluminum articles, as specified in the Presidential Proclamations.

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

Section 232 Derivatives Related CSMS Messages
CSMS NumberCSMS Topic
41538803GUIDANCE: Additional Duty on Imports of Derivative Aluminum and Steel Articles

 

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

Section 232 Related FRNs

FRN NumberFRN 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

Section 301 China Related CSMS Messages
CSMS NumberCSMS Topic
43401456GUIDANCE: Seventh Round of Product Exclusions from China Section 301 Tranche 4A - $300B
and Section 301 Technical Corrections
43400564GUIDANCE: Addition of Product Exclusion to the Tranche 3-$200B Action and Extension of Sixth Round of Product Exclusions Covered Under China Section 301
43229317UPDATE: Section 301 Filing Requirements Related to Changes in the Harmonized Tariff Schedule of the United States Effective July 1, 2020
43134617GUIDANCE: Fifth Round of Product Exclusions from China Section 301 Tranche 4A - $300B
43044185GUIDANCE: Section 301 Tranche 3 - $200B: 14th Round of Product Exclusions from China (9903.88.48)
43043838GUIDANCE: Extension of Certain Product Exclusions Covered under Tranche 1 ($34B Action) of China Section 301 Remedy
42839255GUIDANCE: Section 301 China Extension of Certain Product Exclusions Covered under Tranche 1 - $34B –Action
42837261Section 301 Tranche 4A -$300B Fourth Round of Exclusions 9903;88.47
42693720GUIDANCE: Section 301 Tranche 3 - $200B: 13th Round of Product Exclusions from China
42566220GUIDANCE: Section 301 Tranche 3 - $200B: Twelfth Round of Product Exclusions from China (9903.88.45)
42566154Section 232 and Section 301 – Extensions Requests, PSCs, and Protests
42355914GUIDANCE: Section 301 China – Extension of Certain Product Exclusions Covered under Tranche 1 - $34B –Action (9903.88.07)
42219187GUIDANCE: Section 301 Tranche 4A - $300B Third Round of Product Exclusions from China (9903.88.44)
42203908UPDATED - Information on Trade Remedy Questions and Resources
42180527GUIDANCE: One Year Extension on Certain China Section 301 Exclusions for Products Covered Under Tranche 1 - $34B – Action (9903.88.06)
42181055GUIDANCE: Section 301 Tranche 3 - $200B Eleventh Round of Product Exclusions from China
42049352GUIDANCE: Section 301 Tranche 4A - $300B Second Round of Product Exclusions from China (9903.88.42)
42048963GUIDANCE: Section 301 Tranche 3 - $200B Tenth Round of Product Exclusions from China (9903.88.41)
41998518GUIDANCE: Section 301 Tranche 3 - $200B Ninth Round of Product Exclusions from China
41955151GUIDANCE: Section 301 Product Exclusions from Tranche 4A - $300B Round from China (9903.88.39)
41834749GUIDANCE: Section 301 $200B 8th Round of Product Exclusions
41878462GUIDANCE: Section 301 China – Additional Product Exclusions and Amendments to Previous Exclusion Rounds on Certain Products Covered under Tranche 1 - $34B –Action
40003027CORRECTED: 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
40002982CORRECTED GUIDANCE: Tenth Round of Products Excluded from Section 301 Duties
40001360CORRECTED: Eleventh Round of Products Excluded from Section 301 Duties (Tranche 2)
19-000052Submitting Imports of Products Excluded from Section 301 Duties
41702837Section 301 $200B - Tranche 3 Seventh Round of Product Exclusions from China
41179115Trade Remedy 301 HTS 9903.88.01 validation issue will be fixed 1/4/2020
41052773GUIDANCE: Section 301 $200B –Tranche 3 Sixth Round of Product Exclusions from China
41538917GUIDANCE: Decrease in Section 301 Duties on Certain Products of China; $300B-Action -Tranche 4A
40984510Section 301 Duties on Certain Products of China Scheduled to be Effective December 15, 2019 Have Been Suspended Indefinitely
40901928GUIDANCE: Section 301 $200B Tranche 3 Fifth Round of Product Exclusions from China
49710742GUIDANCE: Section 301 $200B Tranche 3 Fourth Round of Product Exclusions from China
40330403GUIDANCE: Section 301 Tranche 1 Eighth Round of Exclusions
40208881GUIDANCE: 3rd Round of Products Excluded from Section 301 Articles of China Specific to Tranche 2 ($16B Action)
40969690Information on Trade Remedy Questions and Resources
40564257GUIDANCE: Section 301 $200B-Tranche 3 Third Round of Product Exclusions from China
39587690UPDATE:  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)
39587858Entry Summary Order of Reporting For Multiple HTS when 98 or 99 HTS are Required
39473933INFORMATION: 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)
39268267Eighth Round of Products Excluded from Section 301 Duties (Tranche 3)
39169565GUIDANCE: Seventh Round of Products Excluded from Section 301 Duties (Tranche 2)
38840764GUIDANCE: Sixth Round of Products Excluded from Section 301 Duties (Tranche 1)
19-000332GUIDANCE: Fifth Round of Products Excluded from Section 301 Duties (Tranche 1)
19-000260Section 301 Products Excluded from Duties - Liquidation Extension Request 
19-000244Submitting Imports of Fourth Group of Products Excluded from Section 301 Duties
19-000238UPDATE- Section 301 (Tranche 3) Duties as of May 10, 2019 
19-000236UPDATE-Change in Effective Date of Duty Increase of Section 301 (Tranche 3) Duties
19-000212Submitting 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
19-000095UPDATE- Section 301 Increased Duties Postponed
18-000757Section 301 Product Exclusions – Announced on 12/28
18-000752Update: Change in Effective Date of Duty Increase of Goods Subject to Section 301 Duties
18-000624Entry Summary Order of Reporting For Multiple Harmonized Tariff System (HTS) in ACE
18-000621Reissuing CSMS 18-000575 to Correct a Typographical Error in the Section on Removal of Subheadings In Chapter 3, HTSUS
18-000606CBP Implementation of H.R. 4813, The Miscellaneous Tariff Bill Act of 2018
18-000554Update: Third List of Products Subject to the Section 301 Remedy
18-000498Update: Drawback Claims
18-000493Update: Additional List of Products Subject to Section 301 Remedy
18-000419Update: Filing Requirements for Chapter 98 Entries and Information on Drawback Eligibility
18-000409Section 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). 

 84 FR 45821   CSMS 395876

RELATED FEDERAL REGISTER NOTICES

Section 301 China Related FRNs

FRN Number
Date PublishedFRN Title
6/20/2018Notice 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
8/16/2018Notice of Action Pursuant to Section 301: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation
9/21/2018Notice of Modification of Section 301 Action: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation
83 FR 6746312/28/2018Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation
84 FR 111523/25/2019Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation
84 FR 16310 4/18/2019Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation
84 FR 204595/9/2019Notice of Modification of Section 301 Action: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation
84 FR 231895/14/2019Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation
84 FR 218925/15/2019Implementing Modification to Section 301 Action: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation
84 FR 269306/4/2019Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation
84 FR 258956/10/2019Additional Implementing Modification to Section 301 Action: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation
84 FR 328217/9/2019Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation
84 FR 373817/31/2019Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation
84 FR 387178/7/2019Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation
84 FR 433048/20/2019Notice of Modification of Section 301 Action: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation
84 FR 458218/30/2019Notice of Modification of Section 301 Action: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation
84 FR 495649/20/2019Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation
84 FR 495919/20/2019Notice 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 496009/20/2019Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation
84 FR 5256710/2/2019Notice 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

Section 301 Large Civil Aircraft Related CSMS Messages
CSMS NumberCSMS Topic
41898289UPDATE: 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
40281968Additional 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.

 84 FR 54245    CSMS 402819680

RELATED FEDERAL REGISTER NOTICES

Related Federal Register Notices
FRN NumberFRN 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:

  1. Chapter 98 (if applicable)
  2. Chapter 99 number(s) for additional duties (if applicable),
  3. 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),
  1. Chapter 99 number(s) for REPLACEMENT duty or other use (i.e., MTB or other provisions) (if applicable),
  2. Chapter 99 number for other quota (not covered by #3) (if applicable),
  3. 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.