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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.

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

Questions related to Section 301 entry filing requirements should be emailed to traderemedy@cbp.dhs.gov.

Questions from the importing community concerning ACE rejections should be referred to their Client Representative.

Last modified: 
February 10, 2020
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