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Section 301 tariff exclusions

The Office of the U.S. Trade Representative has established an exclusion process for Section 301 tariffs on China. In a series of rounds since the tariffs took effect, importers have been able to request exclusions from the tariffs, as well as extensions to existing exclusions. Many exclusions have been allowed to expire, as well. Section 301 exclusions are applicable to all importers of a given good, which may be defined as an entire tariff schedule subheading or a subset of a subheading outlined in a written description.

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US Swaps Lead Attorney in Section 301 Exclusion Suit for Car Side Protective Attachments
May 8, 2024 by Jacob Kopnick|Litigation

The U.S. swapped out its lead attorney in a case challenging CBP's denial of a Section 301 exclusion for its entries of "steel side protective attachments for motor vehicles, specifically side bars, fern bars, and bars." The government said Brandon Kennedy, a DOJ trade trial attorney, took the place of Edward Kenny, senior trial counsel at DOJ. The case was brought by importer MKI Enterprise Group, doing business as Winbo USA, to challenge CBP's denial of its protest seeking Section 301 exclusions the Office of the U.S. Trade Representative granted for "side protective attachments" (see 2404220057) (MKI Enterprise Group v. United States, CIT # 22-00131).

Topics:Court of International Trade activity
Importer Challenges CBP's Denial of Section 301 Exclusion for Car Side Protective Attachments
April 23, 2024 by Jacob Kopnick|Litigation

Importer MKI Enterprise Group, doing business as Winbo USA, filed a complaint at the Court of International Trade on April 22 to contest CBP's denial of a Section 301 exclusion for its entries of "steel side protective attachments for motor vehicles, specifically side bars, fern bars, and bars" from China (MKI Enterprise Group v. United States, CIT # 22-00131).

Topics:Court of International Trade activity, Country of origin cases
Vehicle Side Bar Exporter Says Section 301 Tariff Exclusion Not Principal Use Provision
April 11, 2024 by Kathryn Nucci|Litigation

An exporter of vehicle side bars said April 8 that Section 301 tariff exclusions shouldn't necessarily be considered princpal use provisions, but should instead be analyzed as either principal use, eo nomine or actual use provisions on a case-by-case basis because no published guidance singles out a specific method (Keystone Automotive Operations v. U.S., CIT # 21-00215).

Topics:Court of International Trade activity, Tariff classification rulings, Country of origin cases, CBP CROSS Rulings