National Association of Foreign-Trade Zones President Erik Autor is set to meet with officials at the Office of the U.S. Trade Representative in the coming weeks to discuss a quirk in foreign-trade zone filing requirements that’s resulting in the unfair application of Section 301 duties, he said in an Aug. 21 interview. Autor seeks to educate USTR on how tariffs apply to FTZ goods, in the hopes that the agency will amend Section 301 implementation language related to zones that CBP says leaves it with no choice but to sometimes collect the tariffs on inputs that sometimes aren’t even Chinese.
While most of the witnesses on the first day of Section 301 tariffs hearings on Aug. 20 asked that items be taken off the tariff list, several companies and a trade group asked that more products be taxed. Mike Branson, executive vice president of Rheem Manufacturing's air conditioning division, said he was pleased that several subheadings in heading 8415 were on the latest list of targets. But he said 8415.94.40 and 8414.90.80 need to be added, "otherwise Chinese exporters of finished good air conditioners will be able to avoid the tariffs."
The Consumer Technology Association asked the Section 301 hearing panel to remove 380 items from the $200 billion list, arguing that there will be a drop in consumer demand as prices rise. Because many of the items are inputs, there will not be a direct 25 percent cost increase, but CTA commissioned a study that said there could be price increases of up to 6 percent, even on U.S. products, because of tariffs on circuit boards.
CBP on Aug. 21 issued new filing instructions for goods subject to Section 301 duties, in light of recent changes to how the duties apply to goods from China and a new group of tariff subheadings that will become subject to the tariffs in the coming days. The agency’s CSMS message contains updated information on how to file Chapter 98 entries for several subheadings of that chapter newly subject to duties (see 1808160049), as well as how to enter goods under the 279 eight-digit subheadings for which Section 301 duties take effect at 12:01 a.m. on Aug. 23 (see 1808080020).
International Trade Today is providing readers with some of the top stories for Aug. 13-17 in case they were missed.
Manufacturers in foreign-trade zones are being treated worse than other U.S. manufacturers when their products are on Section 301 lists, said National Association of Foreign-Trade Zones President Erik Autor. He said he's attempting to educate the U.S. trade representative on how zones work in an effort to resolve the problem. Autor said that these products are "being erroneously treated as imports from China" if the highest-valued component is from China. He said this mistake is happening because Census is trying, however imperfectly, to measure the amount of imports by country. Because the imports did not go through customs when they entered the U.S., the Census bureau asks about the finished products leaving FTZs, and assigns a country of origin to it by determining what country was responsible for the greatest proportion of its imported components.
David Mathison, founder of furniture leather company Leather Miracles, asked a panel of government officials to strike Harmonized Tariff Schedule headings 4107.11.50, leather upholstery, and 9401.90.50, leather for auto seats, from the Section 301 tariff list. He spoke as one of 62 witnesses testifying on the first of six days of scheduled hearings to determine which products will face additional tariffs. Mathison's career has been disrupted by China before. The rise of Chinese shoe manufacturing, and then Chinese furniture manufacturing, drove his previous company, Lackawanna Leather, out of business after about 100 years of operation.
A group of 80 trade associations has asked for exclusions to Section 301 Chinese tariffs to be liberally granted, including that they be granted automatically to all importers who have a "binding 'signed purchase order' to procure products from a supplier in China" if that order was signed before July 6.
Tech startups are among the many hundreds of innovators from various industries voicing opposition to a third proposed tranche of 25 percent Section 301 tariffs on Chinese imports (see 1808150002), comments in docket USTR-2016-0026 show. One such startup, Cao Gadgets, worries about the impact tariffs will have on its “family owned small business,” which develops wireless sensor tags for a variety of Internet of Things uses, commented owner Mike Cao. Four days of public hearings are to begin Aug. 20 on the proposed third tranche. Final comments in the docket are due Sept. 6.
Special tariff provisions for U.S. goods returned after assembly, repair, alterations and processing will soon become subject to Section 301 tariffs on China, the Office of the U.S. Trade Representative said in a notice published Aug. 16. Products on the tariff list properly claimed under Chapter 98 provisions have up to now been fully exempt from the 25 percent duty, but beginning 12:01 a.m. on Aug. 23, subheadings 9802.00.40, 9802.00.50, 9802.00.60 and 9802.00.80 will no longer be eligible for the carve-out if classified under a Chapter 1-97 tariff provision otherwise covered by the tariffs.