Lawyers: 301 notice gives leeway for exported goods

Date: Monday, May 13, 2019
Source: American Shipper

Trade attorneys reported that the notice for tariffs to increase from 10% to 25% applies only to goods that are both exported and entered for consumption after 12:01 a.m. Friday.

Unlike previous Federal Register notices imposing Section 301 duties, the latest tariff notice includes two correlated conditions for the tariff increase to take effect, Murphy noted.

Specifically, the notice states the increase is “effective with respect to goods (i) entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. Eastern Saylight Time on May 10, 2019, and (ii) exported to the United States on or after May 10, 2019.”

Further, USTR verbally confirmed to a Sandler Travis trade attorney that the use of “and” in the notice is intentional and would provide a brief respite from the tariff increase for goods exported before 12:01 a.m. Friday, Sandler Travis reported Thursday.

“However, [Sandler Travis] will continue to monitor government notices and instructions for consistency with this intent,” the law firm report said.

 

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