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Insights Archive

COMMERCE DEPARTMENT AMENDS REGULATIONS FOR EXCLUSION REQUESTS FOR SECTION 232 DUTIES ON STEEL AND ALUMINUM

On September 11, 2018, the Department of Commerce published in the Federal Register an amendment to the rules on the submission and processing of exclusions requests on steel and aluminum articles subject to duties and quotas under Section 232 of the Trade Expansion Act. As noted below, rebuttal comments are now due as early as September 18. Duties of 25% ad valorem on steel and 10% ad valorem on aluminum have been in effect for certain countries since March 23, 2018.

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USTR Considering Applying a 25% Duty Rate to Section 301 Proposed List 3

At the direction of the President, the Office of the United States Trade Representative (USTR) has announced that it is considering increasing the proposed rate of additional duty from 10% to 25% for the third proposed list of tariff items on goods from China (“List 3”) to become subject to additional duties under Section 301 of the Trade Act of 1974.

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USTR RELEASES EXCLUSION REQUEST PROCESS FOR CHINESE PRODUCTS SUBJECT TO SECTION 301 TARIFFS

By Arthur W. Bodek
Joseph M. Spraragen

In a July 6th press release, the Office of the U.S. Trade Representative (USTR) announced an application process for product exclusions from the additional Section 301 tariffs imposed by the United States on certain products imported from China. These tariffs were imposed in response to allegations of unfair trade practices by China related to the forced transfer of U.S. technology and intellectual property.

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USTR Announces Schedule for Comments on Second List of Products to be Subject to Section 301 Duties

Following recent release by the Office of the United States Trade Representative (USTR) of a second list of products from China that it proposes to become subject to an additional 25% duty under Section 301 of the Trade Act of 1974, USTR has issued a schedule for providing comments to the second proposed list. The second proposed list consists of 284 tariff items that cover goods including chemicals, plastics, metal articles, machinery, and vehicles. This list can be accessed at:

https://ustr.gov/sites/default/files/enforcement/301Investigations/List%202.pdf.

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U.S. Announces that Initial Section 301 Tariffs on Imports from China Will Begin on July 6

On June 15, 2018, the Trump Administration announced that additional tariffs will be imposed on certain goods from China under Section 301 of the Trade Act of 1974. A press release issued by the Office of the United States Trade Representative (USTR), states that beginning on July 6, 2018, an additional 25% tariff will be imposed on 818 tariff lines (“List 1”) of the original 1,333 lines that were included on the proposed list originally published by USTR on April 6.

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Trade Sanctions Against Iran to be Re-Imposed

On May 8, 2018, the President announced that the United States is withdrawing from the Joint Comprehensive Plan of Action (JCPOA), and he signed a Presidential Memorandum directing that all trade sanctions against Iran that were lifted or waived under the JCPOA shall be re-imposed as soon as possible.

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GSP EXPECTED TO BE RENEWED RETROACTIVELY

On March 22, 2018, the House of Representatives approved “The Consolidated Appropriations Act-2018” (the “Act”), which includes a renewal of Generalized System of Preferences (GSP) through December 31, 2020.

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COMMERCE PUBLISHES REQUIREMENTS FOR EXCLUSION REQUESTS FOR SECTION 232 STEEL AND ALUMINUM TARIFFS

Today the Department of Commerce (DOC) issued new regulations on the requirements for submitting exclusion requests from the upcoming Section 232 tariffs on steel and aluminum products. The tariffs of 25% ad valorem on steel and 10% ad valorem on aluminum take effect later this week for all entries for consumption on or after March 23, 2018. Products of Canada and Mexico are currently exempt.

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INCREASED TARIFFS ON CERTAIN STEEL AND ALUMINUM PRODUCTS LIKELY

President Trump has indicated that he intends to proceed with imposing increased tariffs on certain imported steel and aluminum products, which could take effect as early as 15 days after the President makes a formal decision. The new tariffs will be based upon the recommendations contained in the Department of Commerce’s (“DOC”) reports on the impact of steel and aluminum imports on national security pursuant to the DOC’s self-initiated investigation under Section 232 of the Trade Expansion Act of 1962. The Reports were issued on January 11 for steel and January 17 for aluminum products. In the reports, the DOC recommended various actions to reduce the level of imports of these products including import quotas and/or increased tariffs (see below).

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Section 201 Safeguards Implemented on Large Residential Washers

I. Effective Period: February 7, 2018 – February 7, 2021.

II. In-Scope Products:

A. washers provided for in subheadings 8450.11.00 and 8450.20.00;

B. all cabinets, or portions thereof, designed for use in washers, and all assembled baskets designed for use in washers that incorporate, at a minimum, a side wrapper, a base, and a drive hub, provided for in subheading 8450.90.60;

C. all assembled tubs designed for use in washers that incorporate, at a minimum, a tub and a seal, provided for in subheading 8450.90.20; and

D. any combination of the foregoing parts or subassemblies, provided for in subheadings 8450.90.20 or 8450.90.60.

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