Section 232 Tariffs

Benefits under the Generalized System of Preferences (GSP) mostly won't apply to goods subject to recently implemented tariffs on solar panels, washing machines, aluminum and steel, said CBP in on its website. President Donald Trump imposed new Section 201 safeguard tariffs on imports of large residential washers and solar cells and modules in January and Section 232 tariffs on steel and aluminum in March.

President Donald Trump told reporters April 24 that he wishes he could make a trade deal just with France, because trade with the European Union "has been unfair for a long time," but that his Cabinet is negotiating with the EU around the Section 232 tariffs on steel and aluminum. On NAFTA, Trump said, "NAFTA as you know is moving along. We're doing very nicely with NAFTA. We could make a deal very quickly, but I'm not sure that's in the best interest of the United States. We'll see what happens."

CBP will have the ability to grant up to 300 days to reject entry summaries that are subject to new or coming tariffs, CBP said in a CSMS message. CBP will allow for up to 300 days, "with supervisory approval," for "rejecting entry summaries subject to import measures under Sections 201 and 301 of the Trade Act of 1974, and Section 232 of the Trade Expansion Act of 1962," CBP said. CBP also extended the time period for rejecting antidumping/countervailing duty entry summaries to 300 days "with supervisory approval," it said.

The Commerce Department has not been able to keep up with the flood of product exclusion submissions -- the steel exclusion requests numbered 3,979 as of April 19, but just 120 have been posted for comments. For aluminum, there have been 396 exclusion requests, and 26 posted. No new filing has been posted since April 13 for aluminum, but the agency posted 44 steel product exclusion requests just on April 20th.

The U.S. agreed on April 19 to enter consultations on its Section 232 tariffs on steel and aluminum with the European Union and India. The action follows its announcement April 17 that it would consult with China on the matter. In all cases, the U.S. says the tariffs are not safeguards, as the countries allege, and that they are not subject to World Trade Organization dispute settlement because they are matters of national security.

The slew of trade remedies "changes everything" for importers, making programs like drawback and foreign-trade zones more valuable to companies that previously didn't need to consider such options, said Amie Ahanchian, KPMG managing director, Trade and Customs Services, during an April 16 KPMG webinar. Of the 1,333 tariff lines on the Section 301 list (see 1804040019), about 60 percent, or around 800 line items, are duty-free today, she said. That means "if you're importing these items, you may not have ever considered a customs planning strategy because there were no duties to mitigate in the current trade environment," she said.

CBP is seeking comments by June 18 on an existing information collection related to the entry/immediate delivery applications and ACE cargo release, it said in a notice. CBP proposes to extend the expiration date of this information collection with minor changes to the information collected related to safeguard duties on washing machines and solar cells and Section 232 tariffs on steel and aluminum products, as well as an increase of the estimated burden hours associated with the collection.

Misclassification and valuation are among areas of enforcement focus for CBP's administration of the Section 232 tariffs on steel and aluminum, CBP officials said during an April 10 interview. "Classification is a way to play with it, valuation as well, but these are things we will have to look at," said John Leonard, executive director of trade policy and programs at CBP. There are some different considerations involved for looking at possible transshipments because most antidumping or countervailing duty evasions involve countries around China, such as Malaysia or Thailand, but those countries are affected by the 232 tariffs too, he said. "It's hard to put it in that same context," he said.

Importers should keep an eye out for the effects new duties on steel and aluminum have on importer bond limits, said Liz Gant, a corporate regulatory compliance analyst at Samuel Shapiro & Company, in the company's monthly newsletter. CBP "uses duties, taxes and fees based on the previous 12 months to evaluate the sufficiency of your bond," she said. That means that if the Section 232 tariff duties remain in effect for an extended period, it could impact bond sufficiency. "While the additional tariffs are in place, bond sufficiency should be monitored by the importer closely," she said. "An importer does not want to be surprised if Customs deems their bond insufficient and a shipment is delayed while the importer gathers the information required for the surety."

China says that the U.S. decision to levy 25 percent tariffs on imported steel from some parts of the world, and 10 percent tariffs on aluminum, was not fair and impartial, and also violated World Trade Organization agreements by not treating all nations in the WTO equally with regard to the tariffs. Under WTO rules, countries are not allowed to raise tariffs above bound rates on some countries but not others in most circumstances. The U.S. used the Section 232 national security exemption from that rule, but China dismisses that assertion, and says that these tariffs are safeguards in disguise. Earlier, China asked for consultations on compensation for the safeguard tariffs (see 1803260025), and this latest request for consultations, posted April 10, tackles the legality of the action. China says the U.S. ignored the rules on how to implement safeguard tariffs. Those rules say that a country has to prove a surge in imports is harming or will harm domestic producers. The U.S. has already responded to China's earlier request for consultations by saying that these are not safeguard tariffs.