CBP created Harmonized System Update (HSU) 1902 on Feb. 26, containing 40 Automated Broker Interface records and 11 harmonized tariff records, it said in a CSMS message. The update includes changes related to the delayed increase to Section 301 tariffs on goods from China. "Changes were made to extend the 10 percent duty rate" on Harmonized Tariff Schedule subheading 9903.88.03, the agency said. "This will allow for pre filing of entries at the 10 percent duty rate. Further updates are possible after the forthcoming Federal Register notice is published."
Section 301 (too broad)
U.S. Trade Representative Robert Lighthizer, who is leading the China trade talks, downplayed the possibility that President Donald Trump and Chinese President Xi Jinping will sign a trade agreement a month from now. Lighthizer, who testified before the House Ways and Means Committee Feb. 27, was asked by Chairman Richard Neal, D-Mass., if he sees a package coming in the next few weeks. "I’m not foolish enough to think there’s going to be one negotiation that’s going to change all the practices in China," Lighthizer replied. "At the end of this negotiation, if we’re successful, there'll be a signing." But that's the beginning of a long process to monitor China's compliance with what it promises to do.
A domestic steel manufacturer filed petitions on Feb. 20 with the Commerce Department and the International Trade Commission requesting new antidumping duty investigations on carbon and alloy steel wire rod from China, India, Taiwan and Thailand, and new countervailing duties on the same product from China and India. Commerce will now decide whether to begin AD/CVD investigations on carbon and alloy steel threaded rod that could eventually result in the assessment of AD/CV duties. The petition was filed by Vulcan Steel Products.
International Trade Today is providing readers with some of the top stories for Feb. 19-22 in case they were missed.
President Donald Trump will again postpone an increase to Section 301 tariffs on China that had been set to take effect March 1, he said Feb. 24 in a pair of tweets. The delay comes as a result of “substantial progress in our trade talks with China on important structural issues including intellectual property protection, technology transfer, agriculture, services, currency, and many other issues,” he said.
The signals that tariffs will not go up on $200 billion worth of Chinese imports on March 2 is a small relief for businesses, according to Venable partner Lindsay Meyer, but they're still challenged by the difficulty "of forecasting what the second half of this year will present." Some importers that work with Venable are getting their suppliers to shoulder some of the additional tariff costs; others are declining to enter two-year contracts unless there's the ability to reopen the deals if tariffs increase. "The companies, they’re making their plans cautiously," she said. "I think the anxiety level isn’t at a level 10 that it was, but it certainly hasn’t dropped down below 5."
It bears watching how U.S. Trade Representative Robert Lighthizer interprets his “instruction” to initiate an exclusion process as required under the Feb. 15 spending bill (see 1902150047), customs lawyer Ted Murphy of Baker McKenzie blogged. That includes whether Lighthizer will apply it retroactively to Sept. 24. Though “the expectation that USTR will create an exclusion process within 30 days is clear,” less so is “exactly what it will cover and how it will be implemented,” he said.
International Trade Today is providing readers with some of the top stories for Feb. 11-15 in case they were missed.
Bank of America Merrill Lynch research analysts take a "benign view" of the likelihood of new Section 232 tariffs on the auto sector and an increase to the Section 301 tariffs on goods from China, they said in a Feb. 15 report. Aditya Bhave and Ethan Harris, both global economists at the bank, said that while the Commerce Department seems likely to conclude that auto imports are a national security threat, "sustained auto tariffs" are not expected. "Reasons include delays in the release of the report, the extent of lobbying pressure against the tariffs, and the Trump administration’s hesitance to slap tariffs on consumer products, of which autos are among the most visible," the economists said.
The mini-Omnibus bill that was signed by President Donald Trump Feb. 15 requires the creation of an exclusion process for the third tranche of Section 301 tariffs by March 17. The third tranche faces a lower tariff than the first two rounds -- 10 percent -- and because of that, the Office of the U.S. Trade Representative has not allowed importers of those items to apply for exclusions. The USTR has to report to the congressional appropriations committees, the House Ways and Means Committee and the Senate Finance Committee, by that date on the status of that process. Before that date, USTR will need to consult with those committees "regarding the nature and timing of the exclusion process," Congress wrote. The same bill also dedicated new funding toward processing Section 232 exclusion requests (see 1902140027).