• Deanna Clark-Esposito

Update to China Sec. 301 Additional Duties on Tariffs (HTSUS)


To date, the US Trade Representative’s Office (USTR) has not yet published information regarding an exclusion process for the most recent round of additional tariffs on products (List 3) that went into effect on September 24, 2018 – at a 10% rate of duty – which will on January 1, 2019, increase to a 25% rate of duty. Given that one has yet to be published, the possibility remains that no portal will ever be opened through which an exclusion request may be made to imports affected by this Sept. duty increase.


Irrespective of this, for the thousands of products which fell into the List 2 category and were subject to a 25% additional customs duty increase – which includes a broad range of products like e-cigarettes, cutlery, tiles, candles, etc. - submissions to request an exclusion from the USTR are due on December 18, 2018.


UNSURE IF YOUR PRODUCTS ARE IN LIST 2? USE OUR CONTACT FORM ON THE HOME PAGE AND WE CAN GO THROUGH THIS WITH YOU.


Exclusion requests are submitted by HTSUS number. Therefore, the number of filings to be made should not be confused with the number of SKUs. That is, you may have 10 SKUs impacted but this would not necessarily result in there being 10 different exclusion requests to be made.


Products with different model numbers or SKUs are not necessarily different goods, which means that a range of products may be included within the product definition provided in an exclusion request to USTR. Different models which are classified under different tariff numbers however, would not be considered a single product due to the difference in tariff number.


Regarding timeframes. USTR has not indicated how long it will take for a determination to be made but has simply stated that they will evaluate each request made on a case-by-case basis. Little comfort (I know...) for those upon whom this increase is affecting.


Have questions regarding these tariff duty increase or the exclusion process? Let us know using the Contact form on our Home page.

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