Implementation of 25% Additional Duties for List 3

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Implementation of 25% Additional Duties for List 3

On May 9, 2019, the Office of the United States Trade Representative (USTR) published a notice in the Federal Register confirming the rate of additional duty for Section 301 List 3 products will increase to 25 percent on May 10.

The notice explains the effective date for the increase by considering both the export and entry-date of goods. The notice reads, “goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on May 10, 2019, and exported to the United States on or after May 10, 2019.” Customs and Border Protection (CBP) is working with the USTR on additional guidance for entry filing requirements regarding these imports.

In September 2018, the Trade Representative, at the direction of the President, imposed additional duties on goods of China with an annual trade value of $200 billion. The rate of additional duty initially was 10 percent. The additional duties were effective starting on September 24, 2018. The rate of additional duty was set to increase from 10 percent to 25 percent on January 1, 2019.

In December 2018, the Trade Representative modified the September 2018 action by postposing the duty increase until March 2, 2019. Then on March 5, 2019, the September 2018 action was further modified to postpone the additional duty increase until further notice. The United States and China are in negotiations are a range of issues, including those covered in the Section 301 investigation.

Since December 2018, The United States and China have engaged in multiple rounds of negotiations including, March, April and May of 2019. In the most recent round of negotiations (May 2019), China has chosen to withdrawal from certain commitments previously agreed to in earlier rounds of negotiations. The President has directed the Trade Representative to increase the rate of additional duty from 10 percent to 25 percent.

For the Harmonized Tariff Schedule (HTS) codes for List 3 products visit:

https://ustr.gov/sites/default/files/enforcement/301Investigations/Tariff%20List-09.17.18.pdf

For the Federal Register notice visit:

https://www.federalregister.gov/documents/2019/05/09/2019-09681/notice-of-modification-of-section-301-action-chinas-acts-policies-and-practices-related-to





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