The U.S. Trade Representative (“USTR”) continues to announce additional HTS provisions and product descriptions from the Section 301 trade remedies imposed on Chinese-origin products. The exclusions relate to items on China 301 List 1, 2, 3, and 4A. The exclusions are retroactive to the date when the China 301 additional tariffs took effect and are slated to remain in effect for one year. Any claims for duty refunds require affirmative action on the part of importers in the form of post-entry corrections or protests (depending upon the liquidation status of the underlying entries).
Significantly, China 301 exclusions are product-specific, not company-specific. Thus, if a product is described by an exclusion, the importer may benefit regardless of who filed for the exclusion.
If there is a pending product exclusion request with USTR and there is concern that a corresponding entry may liquidate before USTR renders a decision, John S. Connor can assist in:
Requesting a extension of the liquidation deadline, and file a post entry before the extended liquidation date AND/OR
File a protest based on the pending product exclusion information, allowing CBP to postpone making a determination on the protest.
If your business is interested in seeking a refund of past duties paid under Section 301, and/or discussing Section 301 mitigation strategies, please contact your JSC Sales Rep(firstname.lastname@example.org) , Account Supervisor, or Priscilla Royster at email@example.com.