Official Notice of increase to 25% tariffs on $200 billion of U.S. imports from China, effective May 10

In accordance with the direction of the President, the USTR has determined to modify  the action being taken in this Section 301 investigation  by increasing  the rate of additional duty from 10 percent to 25 percent, effective May 10, 2019,  for the products of China covered by the September 2018 action in this investigation..

  • Stage 3—10% import tariff  on 24/9/2018, increasing to 25% on 1/1/2019 on 5,745 U.S. imports (final, about $200 billion of U.S. imports from China). Increase to 25% delayed until 1/3/2019 (Mar 1, 2019), … further delayed on 24/2/19 and suspended on Feb 27, 2019 “until further notice.” Federal Register Notice on May 9, 2019 (see above) announced the increase to 25% would be effective May 10, 2019.

Trump’s threat to “shortly” impose tariffs on another $325 billion worth of Chinese goods would essentially cover all U.S. imports — including Apple iPhones and many household items.

“Grassley’s message to China: Senate Finance Chairman Chuck Grassley (R-Iowa) on Tuesday urged Chinese negotiators ‘to bring these talks to a halt, with a successful close, so we can avoid prolonged tariffs, which we know have an impact on the U.S. economy.’ ”

“Senator Grassley defended President Donald Trump’s plans to increase tariffs on Chinese goods, .

“Grassley told reporters that he has “some sympathy for Trump’s lack of patience with the Chinese.”

” ‘I applaud President Trump to be the first president to call out China on bad behavior and to bring them to the negotiating table,’ Grassley said. ‘When the dust settles, we have to show that this was worthwhile negotiations, not like 2011,’ when the Chinese did not live up to their promises, he said.”

Even Senate Minority Leader Chuck Schumer (D-NY) tells President Donald Trump to “hang tough” after the president threatens more tariffs on Chinese goods.

“Don’t count on a quick fix: Chinese Vice Premier Liu He is still coming to Washington with a high-level delegation for talks on Thursday and Friday. But analysts say that too much is outstanding for a deal to be reached in such a narrow time frame.”

“Beijing will not make concessions in trade talks in response to Donald Trump’s latest tariff threats, Chinese state media said in a commentary published a day after the US president announced increases in duties on Chinese goods.”

Conclusion

Growing trade tensions and disputes between the U.S. and China are very likely to continue and  have added to concerns by U.S. importers. In the meantime, Vietnam is moving forward for sound reasons of national interest, led by able leaders at an accelerating pace. As far as can be foreseen, the progress being made provides more confidence to business and investment planners to bet on Vietnam – it’s the “right time.”

Firms planning to move production facilities from China to Vietnam need to be aware of Vietnam’s regulation on imports of “used machinery,” and the benefits of “Advance Rulings” from U.S. Customs and Border Protection.

For additional information and assistance, please contact the author, Nestor Scherbey, Licensed U.S. Customs Broker, at:

CTRMS Viet Nam
Ho Chi Minh City, Vietnam
Tel: +84 (0) 9 7772 2979
Email:[email protected]

Disclaimer

All information provided is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future.

No one should act upon such information without appropriate professional advice after a thorough examination of the facts of their particular situation. Liability claims regarding damage caused by the use or disuse of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected.

NOTE: The U.S. Customs and Border Protection (CBP) requires that importers use “reasonable care when importing.

“For example, under Section 484 of the Tariff Act, as amended (19 U.S.C. § 1484), the importer of record is responsible for using reasonable care to enter, classify and determine the value of imported merchandise and to provide any other information necessary to enable CBP to properly assess duties, collect accurate statistics, and determine whether other applicable legal requirements, if any, have been met. CBP is then responsible for fixing the final classification and value of the merchandise. An importer of record’s failure to exercise reasonable care could delay release of the merchandise and, in some cases, could result in the imposition of penalties or, in certain instances, referral for criminal enforcement.”

“Have you consulted with a customs ‘expert’ (e.g., an attorney, licensed customs broker, or a customs consultant) to assist in the description and/or classification of the merchandise?”

For additional information and assistance, please contact the author, Nestor Scherbey, Licensed U.S. Customs Broker, at:

CTRMS Viet Nam
Ho Chi Minh City, Vietnam
Tel: +84 (0) 9 7772 2979
Email:[email protected]

Sources:

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

https://www.politico.com/newsletters/morning-trade/2019/05/08/companies-brace-for-trumps-new-china-tariffs-433615

https://www.scmp.com/newsi/china/diplomacy/article/3009153/do-not-even-think-about-it-beijing-refuses-give-trumps-latest   

https://www.cnbc.com/2019/05/06/schumer-urges-trump-to-hang-tough-after-china-trade-tariff-threat.html

Imports of “Used Machinery” into Vietnam
https://thuvienphapluat.vn/van-ban/Xuat-nhap-khau/Quyet-dinh-18-2019-QD-TTg-nhap-khau-may-moc-thiet-bi-day-chuyen-cong-nghe-da-qua-su-dung-412143.aspx

Advance Rulings from U.S. Customs and Border Protection
https://www.cbp.gov/trade/rulings 
U.S. Customs and Border Protection (CBP) issues binding advance rulings and other legal decisions in connection with the importation of merchandise into the United States. Advance rulings provide the international trade community with a transparent and efficient means of understanding how CBP will treat a prospective import or carrier transaction.

For example, a ruling letter may address the tariff classification or appraised value of merchandise, the liquidation of an entry, or the exclusion of merchandise from entry. As such, ruling letters facilitate trade by enabling companies to make business decisions that are dependent on how their goods will be treated on importation.

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