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New restrictions on exports to Chinese telecom giant Huawei and 70 affiliates will be effective soon and other trade involving information and communications technology and services could be limited as well after President Trump issued May 15 an executive order declaring a national emergency due to the threat of foreign adversaries using ICT for economic and industrial espionage.
Hundreds more requests for exclusions from the Section 301 additional tariffs on imports from China have recently been denied but many remain under consideration. The Office of the U.S. Trade Representative is continuing to review exclusion requests for List 1 and List 2 goods, imports of which are collectively worth about $50 billion, as it prepares to launch an exclusion request process for List 3 goods, which are worth about $200 billion.
In the ever-growing trade war between the U.S. and China, companies are looking for ways to avoid or mitigate the Section 301 additional tariffs the U.S. is or will soon be imposing on virtually all imports from China. One possible option is co-production.
China will increase retaliatory tariffs on $60 billion worth of U.S. goods as of June 1 after the Trump administration raised additional tariffs on $200 billion worth of Chinese goods on May 10. China has also announced that it will accept requests for exclusions from its tariffs.
There is now a June 1 deadline for Chinese-origin goods in more than 5,700 tariff lines to be entered into the U.S. to avoid a tariff increase that took effect May 10.
U.S. Customs and Border Protection has issued a notice providing clarification on the implementation of the May 10 increase in the Section 301 additional tariff on $200 billion worth of goods imported from China (List 3 goods) from 10 percent to 25 percent.
The Office of the U.S. Trade Representative has issued a formal notice confirming that the additional tariff on $200 billion worth of goods (List 3 goods) imported from China will be increased from 10 percent to 25 percent as of May 10. The notice also reiterates USTR’s intention to implement a process for requesting exclusions from this tariff but makes no mention of a possible additional tariff on hundreds of billions of dollars’ worth of other imports from China not already subject to higher tariffs under the Section 301 process (List 4 goods).
The first major update to the minimum security criteria for the Customs Trade Partnership Against Terrorism was released May 3. Booklets for each of the 12 types of entities eligible for CTPAT, which delineate the MSC for each entity along with new eligibility requirements and other programmatic information, have been uploaded to the CTPAT portal.
President Trump is threatening to increase a 10 percent additional tariff on $200 billion worth of goods imported from China (List 3 goods) to 25 percent effective May 10 and to impose a new 25 percent additional tariff on all goods from China not already subject to higher tariffs under the Section 301 process (List 4 goods). These tariff increases would affect a broad range of consumer and other goods. Importers should quickly evaluate their exposure to these potential developments and seek ways to mitigate their impact before they take effect.
The Trump administration recently approved more requests for exclusions from the additional tariffs it has imposed on imports from China but has not issued any additional denials over the last month, according to information made available by the Office of the U.S. Trade Representative. Most such requests are still under consideration but USTR is making progress in conducting its reviews.
The following proposed revocations or modifications of U.S. Customs and Border Protection rulings are included in the May 1, 2019, Customs Bulletin and Decisions. Comments are due no later than May 31.
Senate Finance Committee Chair Chuck Grassley, R-Iowa, warned this week that the trade agreement the Trump administration negotiated to replace NAFTA is “dead” unless the Section 232 tariffs on steel and aluminum products imported from Canada and Mexico are lifted.
A U.S. importer has been ordered to pay $146,368.64 in antidumping duties and a $141,984.98 penalty for making materially false statements and omissions in its entry documentation.
A recent U.S. Customs and Border Protection proposal to change the way the classification of certain apparel and textile products is analyzed could significantly impact a wide range of imported goods, including their duty rates, qualification for free trade agreements, and sourcing supply chains. Importers have until May 3 to submit comments on this proposal.
The Office of the U.S. Trade Representative’s annual Special 301 report on the adequacy and effectiveness of U.S. trading partners’ intellectual property rights protection and enforcement lists 36 trading partners as meriting particular concern. USTR states that this report is “a critical component of the administration’s aggressive efforts to defend Americans from harmful IP-related trade barriers.”
The Department of Commerce has submitted to President Trump a report on the results of its section 232 investigation of uranium ore and products. Trump now has up to 90 days, or until mid-July, to decide whether to restrict imports of these goods.
The U.S. could impose economic sanctions against five countries as early as May 2 if they do not halt their imports of crude oil from Iran, according to a recent announcement from the State Department.
A fully implemented and enforced U.S.-Mexico-Canada Trade Agreement would likely have a moderate but positive impact on U.S. real gross domestic product, employment, and all broad industry sectors after six years, according to a recent report from the International Trade Commission.
U.S. Customs and Border Protection has begun migrating Importer Trade Activity data to ACE reports, which will make this data available on demand to all trade members with active ACE portal accounts. This shift is the first step in a three-part initiative aimed at providing the trade community with the most up-to-date trade data in a timely manner. Regular monitoring of this data can be a useful tool in improving trade compliance efforts.
Three affiliated banks have agreed to pay more than $1.3 billion in total penalties for violating U.S. economic sanctions programs. According to the Office of Foreign Assets Control, each bank will also be required to implement and maintain compliance commitments designed to minimize the risk of the recurrence of the conduct at issue.
The European Commission has published a preliminary list of U.S. products on which the EU could impose additional tariffs of up to 100 percent in a long-running transatlantic dispute over aircraft subsidies. The list covers hundreds of items, including aircraft, auto parts, tractors, handbags, video game consoles, chemicals, and food products, with an annual import value of $20 billion.