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.

Tags: CBP, Section 232, Section 301
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Photo of Robert Stang Robert Stang

Bob focuses his practice on customs and international trade law. He brings 30 years of experience to a wide range of issues that affect inbound and outbound goods, including tariff classification, valuation, country of origin marking matters, free trade agreements, and special trade…

Bob focuses his practice on customs and international trade law. He brings 30 years of experience to a wide range of issues that affect inbound and outbound goods, including tariff classification, valuation, country of origin marking matters, free trade agreements, and special trade programs. He also has extensive customs compliance experience and regularly assists importers facing U.S. Customs and Border Protection (CBP) audits, penalties, seizures, redelivery notices and other agency enforcement activities. Bob works with importers and exporters proactively to achieve cost savings and structure programs that meet CBP “reasonable care” requirements. He also handles supply chain security issues, including Customs-Trade Partnership Against Terrorism (C-TPAT) enrollment, verification and annual reviews.

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Photo of Turner Kim Turner Kim

A trade analyst, Turner conducts industry research and analyzes trade data to assist attorneys with client proceedings at the U.S. International Trade Commission, U.S. Department of Commerce and U.S. Court of International Trade. He also actively monitors U.S. government and global trade developments…

A trade analyst, Turner conducts industry research and analyzes trade data to assist attorneys with client proceedings at the U.S. International Trade Commission, U.S. Department of Commerce and U.S. Court of International Trade. He also actively monitors U.S. government and global trade developments for issues relating to client’s most critical trade matters.

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