Thursday, October 31, 2019

ITC Reports on Miscellaneous Tariff Suspensions in Effect

On October 18, 2019, the U.S. International Trade Commission released Report 4987 American Manufacturing Competiveness Act: Effects of Temporary Duty Suspensions and Reductions on the U.S. Economy

Main Findings:

  • As of March 2019, over 90 percent of firms responding to the Commission's questionnaire imported or planned to import goods under the Harmonized Tariff Schedule 9902 headings (provisions) that provide temporary duty suspensions and reductions; about one-third of these firms have increased or planned to increase imports. Between November 2018 and May 2019, importers saved $179 million in duties on imports of $5.4 billion.
  • As of March 2019, many responding firms stated they had not had enough time to take full advantage of the duty suspensions and reductions. Some respondents also reported that section 301 tariffs on products of China have lessened the positive impacts of the duty relief.
  • As a result of the duty relief, nearly a quarter of responding manufacturers reported a decrease in production costs. Among all respondents, many expected future increases in sales volumes, number of customers, and investment in new product development. Compared with larger firms, more responding small and medium-sized enterprises (SMEs) reported that the duty relief has had positive effects on virtually all business operations.
  • Chemicals firms account for the largest share of 9902 headings and imports. Thus, the largest number of responding firms reporting benefits from the duty relief are in the Chemicals group.
  • The results of the Commission’s economic modeling suggest that the temporary duty relief will lead to a small increase in output, welfare, and gross domestic product (GDP) in the United States. Moreover, the average price of goods imported under the 9902 provisions will likely decline, although not by the full amount of the duty reduction.

Case Study: Textiles

  • During the period November 2018–May 2019, importers saved $5 million in duties on imports of $109 million entered under the 9902 headings for the Textiles subgroup, equivalent to an average duty reduction of 4.7 percentage points.
  • Nearly 90 percent of firms responding to the Commission's questionnaire reported that they import or plan to import textile products eligible for duty suspensions or reductions under the 9902 provisions, and over a quarter have increased or plan to increase these imports.
  • Responding firms in this subgroup reported increases in investment in new product development and employment. Nearly 35 percent of respondents anticipate increases in sales volume, and almost one-third expect increases in their customer base.
  • Two of 6 responding retailers and distributors/wholesalers lowered the prices of their imported products sold to customers because of the temporary duty relief, and 4 of 6 anticipate decreases in the future.
  • Nearly half of responding manufacturers reported that their production costs declined as a direct result of the 9902 provisions, and half anticipate this cost reduction will decrease in the future. Additionally, 27 percent anticipate increases in production volume as a direct result of the tariff relief.

Complex Textile Supply Chains and the Question of the Country of Origin

In Binding Ruling NY N303580, CBP determined El Salvador to be the country of origin of certain stuffed mattress covers. CBP has reviewed NY N303580 and has determined the ruling letter to be in error. It is now CBP's position that the country of origin of the stuffed mattress covers is either the United States, China, or El Salvador, depending on the style of mattress cover and respective fabric origin. CBP is proposing to modify the ruling and country of origin determination. Before taking this action CBP will consider public comments. Comments must be received on or before November 29, 2019.

The articles in are processed in more than one country, which complicated the country of origin determination.

Styles S-10 and 12

  • Stuffed Fabric/Top and Border Knit/Cover are formed in the United States.
  • Bottom Fabric is formed in the United States.
  • Cutting, sewing, and assembly operations in El Salvador.

Style S-14

  • Stuffed Fabric/Top Knit/Cover is formed in the United States.
  • Border Fabric is formed in China.
  • Bottom Fabric is formed in the United States.
  • Cutting, sewing, and assembly operations in El Salvador.

Styles T-10 and 12

  • Stuffed Fabric/Top Knit/Cover are formed in Mexico or China.
  • Fabric is formed in China.
  • Bottom Fabric is formed in China
  • Cutting, sewing, and assembly operations in El Salvador.

CBP HOLDING:

  • The country of origin for the S-10 and S-12 mattress covers is the United States.
  • The country of origin for the S-14 mattress cover is El Salvador.
  • The country of origin for the T-10 and T-1” mattress covers in which the component fabric is manufactured in China, is China.
  • The country of origin for the T-1” and T-12 mattress covers in which the component fabrics are manufactured in China and Mexico, is El Salvador.

CBP's reasoning in this case can be viewed at CUSTOMS BULLETIN AND DECISIONS, VOL. 53, NO. 39, OCTOBER 30, 2019

Cartoon Character Gloves Are Dutiable as Wearing Apparel, Says Customs.

In NY B871119, dated July 8, 1997, and NY N006668, dated February 14, 2007, CBP classified gloves and a mitt in heading 9505, HTSUS, specifically in subheading 9505.90.60, HTSUS (rate of duty ZERO), which provides for "Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other." CBP has reviewed the rulings and has determined the ruling letters to be in error. It is now CBP’s position that the gloves and a mitt are properly classified, in heading 6116, HTSUS, specifically in subheading 6116.93.88, HTSUS (rate of duty 18.6%), which provides for "Gloves, mittens and mitts, knitted or crocheted: Other: Of synthetic fibers: Other: Without fourchettes."

The cartoon hands classified in NY N006668 are an oversized pair of “cartoon hand” style gloves, 12″ wide and 11″ in length, with one thumb and three fingers made from 100 percent polyester knit fabric and stuffed with foam. It also allows for the insertion of the thumb and separate insertion of the fingers.

CBP's reasoning in this case can be viewed at CUSTOMS BULLETIN AND DECISIONS, VOL. 53, NO. 39, OCTOBER 30, 2019

The question of whether imported merchandise is a "festive article" duty-free under a Heading 9505 provision or an article of wearing apparel or a textile article, subject to the import duties applicable to goods of chapters 61 through 63, has been the subject of litigation, Customs rulings and ruling reversals. Clients of Agathon Associates can read more at www.agathonassociates.com/textile-pri/festive-articles/.

United States Wins WTO Challenge to Indian Export Subsidies for Textiles, Apparel, and Other Industries

A World Trade Organization ("WTO") dispute panel has agreed with the United States that India provides prohibited export subsidies to Indian exporters worth over $7 billion annually. According to the panel, India gives prohibited subsidies to producers of steel products, pharmaceuticals, chemicals, information technology products, textiles, and apparel, to the detriment of American workers and manufacturers.

The Indian programs found in violation of WTO rules are: the Merchandise Exports from India Scheme ("MEIS"); Export Oriented Units Scheme ("EOU) and related sector specific schemes; Special Economic Zones ("SEZ"); Export Promotion Capital Goods Scheme; and a duty free imports for exporters program. The panel gave India six months to withdraw these prohibited subsidies.

According to the Indian Government, thousands of Indian companies are receiving subsidies totaling over $7 billion annually from these programs, and India has increased the size and scope of these programs. For example, India has rapidly expanded the MEIS to include more than 8,000 eligible products, nearly double the number of products covered since its introduction in 2015. Exports under the SEZ have increased over 6,000 percent from 2000 to 2017 and in 2016 accounted for over $82 billion in exports, or 30 percent of India’s export volume. Exports from the EOU increased by over 160 percent from 2000 to 2016.

Export subsidies provide an unfair competitive advantage to recipients, and WTO rules expressly prohibit them. A limited exception to this rule is for specified developing countries that may continue to provide export subsidies temporarily until they reach a defined economic benchmark. India was initially within this group, but it surpassed the benchmark in 2015. India’s exemption has expired, but India has not withdrawn its export subsidies.

The October 31, 2019, panel report rejects India’s assertion that it is entitled to additional time to provide export subsidies even after hitting the defined economic benchmark. The panel report concludes that each program is an export subsidy inconsistent with India's WTO obligations.

The withdrawal of these prohibited subsidies will result in American workers and manufacturers competing on a fairer basis with their Indian competitors.

USTR May Extend China 301 List 1 Exclusions through 2020.

Effective July 6, 2018, the U.S. Trade Representative imposed additional duties on goods of China with an annual trade value of approximately $34 billion as part of the action in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. The U.S. Trade Representative initiated the exclusion process in July 2018 and granted an initial set of exclusions in December 2018. The exclusions granted in December 2018 are set to expire on December 28, 2019. The U.S. Trade Representative has decided to consider extending particular exclusions granted in December 2018 for up to twelve months. The Office of the U.S. Trade Representative (USTR) invites public comment on whether to extend particular exclusions. Comments will be accepted beginning November 1, 2019, and through November 30, 2019.

See 84 FR 58427

President Trump Modifies AGOA Apparel Eligibility for Mali, and GSP Eligibility for Ukraine and Thailand

On October 31, 2019, the Executive Office of the President published in the Federal Register (84 FR 58567) Proclamation 9955 of October 25, 2019 To Modify Duty-Free Treatment Under the Generalized System of Preferences and for Other Purposes.

UKRAINE. The proclamation restores the duty-free treatment accorded under GSP to certain products from Ukraine because the country has made progress towards providing adequate and effective protection of intellectual property rights. The list of products restored to GSP eligibility for Ukraine is available at http://ustr.gov/sites/default/files/files/gsp/Products_to_be_restored_to_GSP_eligibility_for_Ukraine.pdf

THE REPUBLIC OF MALI. The proclamation designates Mali a lesser developed beneficiary sub-Saharan African country (LDBC), thus qualifying it for LDBC preferential benefits. This action will take effect thirty days from the signing of the proclamation, November 24, 2019. Mali's AGOA benefits had been restored by Presidential Proclamation 9072 (December 23, 2013) which designated the Republic of Mali as a beneficiary sub-Saharan African country to the AGOA program; however, this Presidential Proclamation did not designate the Republic of Mali as a "lesser developed beneficiary sub-Saharan African country." As a consequence, Mali was unable to take advantage of special rules for certain apparel articles imported from "lesser developed beneficiary sub-Saharan African countries," in particular the third country fabric provision that enables Mali to produce apparel competitively.

THAILAND. The proclamation withdraws the duty-free treatment accorded under GSP to certain products from Thailand because the country is not taking steps to afford workers in Thailand internationally recognized worker rights. This action will take effect six months from the issuance of this proclamation. Additional guidance will be issued close to the date of implementation. The list of products excluded from GSP eligibility for Thailand is available at: http://ustr.gov\sites\default\files\files\gsp\Products_to_be_removed_from_GSP_eligibility_for_Thailand.pdf

If questions contact the Trade Agreements Branch at FTA@CBP.DHS.gov.

Army Coverall Contract Awarded to Puerto Rico Company

Propper International, Cabo Rojo, Puerto Rico, has been awarded a maximum $13,099,478 firm-fixed-price, indefinite-quantity contract for Improved Combat Vehicle Crewmen's coveralls with the operational camouflage pattern. This is a one-year base contract with four one-year option periods. This was a competitive acquisition with two responses received. Location of performance is Puerto Rico, with an Oct. 29, 2020, performance completion date. Using military service is Army. Type of appropriation is fiscal 2020 through 2021 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-20-D-1205).