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Quick Links - FOCUS Business Solutions, Inc.

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Address

6995 Monroe Boulevard
Taylor, MI  48180 - United States

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(313) 292-7000

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(313) 722-8770

Section 301 Tariffs China

Section 301 Tariffs - China

Much is being talked about in relation to the latest trade war between the US and China. From an import/export perspective, many businesses are hearing about Section 301 of the Trade Act of 1974 which allows the US to address unfair foreign barriers to US exports. This is what allows the current administration the ability to apply additional duties on goods coming from China.

The tariffs come as a result of an investigation conducted by the United States Trade Representative (USTR), principally focused on China's Intellectual Property practices (e.g. forced technology transfers for joint ventures). After the investigation, the Trump Administration saw fit to impose additional duties on a variety of Chinese imports beginning July 6, 2018.

The initial decision affected only certain unique products (or ?tariff items") coming from China. Multiple negotiation rounds between the US and China since then have failed to resolve the concerns of the 301 investigation and additional ?lists" or ?tranches" of tariff items subject to additional duties have been published.

Section 301 Tariff Lists

The various section 301 lists that apply to imports from China are broken up into four primary tariff action lists that include:

$34 Billion Trade Action (List 1)

$16 Billion Trade Action (List 2)

$200 Billion Trade Action (List 3)

$300 Billion Trade Action (List 4)

Not sure which list applies to your China imports? Contact us for more info.

Search for Your HTS in the 301 Tariff Lists

Every product that is subject to a Section 301 tariff action can be looked up by its Harmonized Tariff Schedule (HTS) subheading which is an 8-digit or 10-digit identifier. To search for your HTS subheading click the button below. Not sure what your HTS Subheading is ? contact us today!

Is Your Product on a 301 List? Here's Some Next Steps

Proper HTS Classification of products is crucial to correctly determining 301 applicability. Here are some questions to consider:

  • Who determined this HTS Classification?
  • How long ago was this HTS Classification determined?
  • What documentation/back-up to support this HTS Classification exists?

The USTR has developed an Exclusion Request process for importers. If granted, products can be spared the additional 301 duties that otherwise would be imposed. The USTR evaluates Exclusion Requests using a variety of factors, including availability of the same product from domestic or other foreign markets, financial hardship of the importer, and the ?Made in China 2025" initiative.

A company may also benefit from an Exclusion request granted to another importer for the same type of product.

301 Tariff FAQs

Are the Country of Origin declarations to US Customs correct?

An incorrect Country of Origin can result in an under- or over-payment of 301 duties.

Are the Value declarations to US Customs correct?

An incorrect value can result in an under- or over-payment of 301 duties.

Are there are any duty savings strategies that can be implemented?

Yes, consider moving merchandise in-bond, warehousing, or Foreign Trade Zone.

Is it possible to recover 301 duties paid when an Exclusion Request has been granted?

Yes, if the products were ultimately exported, there is the potential for recovery.

Is it possible to recover 301 duties paid when an Exclusion Request has not been granted?

Yes, if the products were ultimately exported, there is the potential for recovery.

We're Here to Help!

Our team of 301 tariff experts are ready to help you navigate and adhere to constantly changing regulations as it relates to trade agreements with China. Here's what we can do for you:

  • Review your products and determine the correct HTS classifications
  • Determine section 301 applicability
  • Review current exclusions to recommend if your products would be included
  • Research and submit exclusion requests
  • Review and determine correct Country of Origin of your products
  • Determine if correct value declarations are being made
  • Identify best duty avoidance or recovery plans

Call (313) 292-7000 to get started!

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