News / Regulatory Updates

On February 15, 2019, the President of the United States signed a mini-omnibus bill which requires the United States Trade Representative (USTR) to introduce an exclusion process for Section 301 List 3 products to Congress by March 17, 2019. The tariffs on List 3 products are currently set at 10 percent and are scheduled to increase to 25 percent on March 2, 2019.

In an explanatory statement accompanying the appropriations legislation, the USTR office was directed to establish a List 3 exclusion process “following the same procedures as those in rounds 1 and 2”.

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On January 11, 2019, in letters to lawmakers, United States Trade Representative Robert Lighthizer made clear that an exclusion process will not be initiated for the Section 301 List 3 products unless negotiations with China fail and the tariff on $200 Billion is raised from 10% to 25%. This increase is currently scheduled for March 2, 2019.

Lighthizer went on to address a request to exempt Chinese goods admitted into Foreign-Trade Zones (FTZ’s) by noting, “the longstanding rules and practices governing such entries continue to apply.” He continued, “As of this time, we have not found a basis for exempting U.S. importers who use FTZ’s from the additional duties when those duties apply to all other U.S. importers.”

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U.S. Customs and Border Protection (CBP) is advising that after March 22, 2019, all regulated composite wood products (i.e., panels) created from binding strands, particles, fibers, veneers, or boards of wood together with adhesives (i.e., glues), including hardwood plywood, medium-density fiberboard (includes thin-MDF), and particleboard must be certified and labeled as compliant with the Toxic Substances Control Act (TSCA) Title VI. All labels must include the panel producer’s name, lot number, and an EPA-recognized TSCA Title VI third-party certification (TPC) number. All importers will be responsible for providing a positive TSCA Import Certification for all applicable shipments, which will be transmitted to CBP via the Automated Commercial Environment (ACE). Upon request by the Environmental Protection Agency (EPA), importers must make available within thirty (30) calendar days certain records that document compliance with this rule. Recordkeeping requirements apply.

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To keep the U.S. trade community informed during the Federal Government shutdown, U.S. Customs and Border Protection (CBP) is holding weekly calls with the National Customs Brokers and Forwarders Association of America (NCBFAA).

This week CBP made the following announcements to the NCBFAA:

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On Wednesday, December 19, 2018, the U.S. Trade Representatives (USTR) office released a modification to the effective date of the Section 301 tariffs on China goods in the Federal Register Notice (83_FR_65198).

Phase 1 of the Section 301 tariffs, which placed a 10% additional tariff on $200 billion of China goods (List 3), went  into effect September 24, 2018. This recently released modification effects Phase 2 of the implementation, which will increase the additional tariffs on the 5700+ China goods specified in Phase 1 to 25%. The Phase 2 implementation, originally scheduled for January 1, 2019, is now set for March 2, 2019.

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On Saturday, December 1, 2018, the President of the United States agreed to suspend the increase in tariffs scheduled for January 1, 2019. The White House issued a statement, which included the following: “… President Trump has agreed that on January 1, 2019, he will leave the tariffs on $200 billion worth of product at the 10% rate, and not raise it to 25% at this time.”

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The next FDA Renewal period begins October 1, 2018. All domestic and foreign food and medical device facilities, along with the companies that source from them, are required to renew their registration during the period from October 1, 2018, through December 31, 2018.

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On September 17, 2018, the Office of the United States Trade Representative (USTR) released the third list (List 3 Final) of approximately $200 billion worth of imports from China that will be subject to additional tariffs. This recent action is part of the Section 301 U.S. response to China’s unfair trade practices related to the forced transfer of American technology and intellectual property.

Unlike previous Section 301 actions, this third list of additional tariffs will be implemented in two phases, with effective dates of September 24, 2018, and January 1, 2019. This third list follows the first list of tariffs on approximately $34 billion of imports from China which went into effect on July 6, 2018, and the second list of approximately $16 billion of imports from China which went into effect on August 23, 2018.

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On September 13, 2018, H.R. 4318: Miscellaneous Tariff Bill Act of 2018 (MTB) was signed into law. This bill suspends or reduces through December 31, 2020, import duties on approximately 1700 products generally not made in the United States. Most of the products listed were recommended by the International Trade Commission (ITC) pursuant to a process established in the American Manufacturing Competitiveness Act of 2016. The products covered include specified chemicals, as well as other items such as certain agricultural products, textiles, fabrics, apparel, bags, gloves, footwear, and some equipment and machinery.

For additional information, contact your local MIQ Logistics representative.