The latest on Russia sanctions from the International Trade and Supply Chain Team
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On May 1, 2020 U.S. Customs and Border Protection (CBP) published an update to their previous guidance on Section 232 product exclusions granted by the Department of Commerce (DOC) and Section 301 product exclusions granted by the United States Trade Representative (USTR).  The CBP message stated that these exclusions may be retroactive for unliquidated entries and for entries that are liquidated but where the liquidation is not final and the protest period has not expired.

If a product exclusion has been granted, an importer of record (IOR) may request a refund by filing with CBP a Post Summary Correction (PSC) for unliquidated entries at least 15 days prior to the scheduled date of liquidation or by filing a protest for entries that have liquidated but where the protest period (180 days from the date of liquidation) has not expired.  If the entry is unliquidated but within 15 days of the scheduled date of liquidation, the importer should wait until the entry liquidates and then file a timely protest.

Given the potential retroactive application of Section 232 and Section 301 product exclusions, in situations where the importer has requested a product exclusion and the request is pending with the DOC or USTR, the importer or their licensed representative may submit a request to extend the liquidation of impacted unliquidated entry summaries to CBP. Importers/filers may choose to submit an extension request via paper or electronic format to the appropriate Center of Excellence and Expertise.  We are also aware of importers filing a protective protest in this instance.

STATUS OF TRADE REMEDY PRODUCT EXCLUSION REQUESTS
To check the status of a Trade Remedy Product Exclusion request:

  • U.S. Department of Commerce Section 232, click here.
  • USTR Section 301 website, click here.
  • Section 232 exclusions, once approved by DOC, and activated by CBP in ACE, are posted here.

Husch Blackwell’s International Trade and Supply Chain team will continue to monitor the situation and provide updates as new information becomes available.