301 Tariffs

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USTR seeking public input on tariffs’ impact on U.S. economy (November 2022)

The Office of the United States Trade Representatives (USTR) sought public input on the impact of the Section 301 Tariffs on the U.S. economy as part of its statutory four-year review. The comment period opened Nov. 15, 2022, and closed Jan. 17, 2023.

The WQA Government Affairs Department will continue to provide updates on the review process and support in the comment submissions;  contact govaffairs@wqa.org with any questions.


WQA signs on to Americans for Free Trade letter seeking tariff relief

WQA joined Americans for Free Trade (AFT), a coalition of more than 100 businesses and trade associations that have come together to advocate for relief from the Section 301 tariffs. WQA’s partnership with AFT will enable the association to work with like-minded organizations to advocate for tariff relief, enhancing WQA’s advocacy efforts. 

WQA signed on to an AFT letter that offered to assist the International Trade Commission (ITC) in their investigation of the economic impact of the Section 301 tariffs on Americans.


U.S. Trade Representative announces outcomes of  tariff exclusion process (March 23, 2022)

The Office of the United States Trade Representative (USTR) announced the outcome of the exclusion process it started in October 2021. Only 549 products of the thousands of products covered by the Section 301 tariffs on Chinese imports were eligible for exclusion reinstatement. That list of products did not include water filters. 

Products relevant to the water treatment industry that received exclusion reinstatements are included below, and the full federal register notice can be found here.

1. Filtering or purifying machinery or apparatus of a kind used for wastewater treatment (described in statistical reporting number 8421.21.0000)

2.  Hand-held ultraviolet water purifiers, powered by batteries (described in statistical reporting number 8421.21.0000)

3.  Machinery for filtering water, submersible, powered by batteries, manually operated, such machinery designed for use in pools, basins, aquariums, spas or similar contained bodies of water (described in statistical reporting number 8421.21.0000)

4.  Filters designed to remove sulfites from wine (described in statistical reporting number 8421.22.0000)

5.  Filter housings, covers, or couplings, the foregoing of steel and comprising parts of machinery or apparatus for filtering liquids (described in statistical reporting number 8421.99.0040 prior to January 27, 2022; described in statistical reporting number 8421.99.0140 effective January 27, 2022)

For members that import one of the above products from China, U.S. Customs and Border Protection will issue instructions on entry guidance and implementation.

U.S. Trade Representative updates exclusion process (Oct. 5, 2021)

The Office of the U.S. Trade Representative (USTR) announced that it will reopen the exclusion process for a limited number of Section 301 tariffs on goods imported from China. Specifically, USTR has decided to reopen the exclusion process for 549 products that were both previously excluded from tariffs and then had their exclusions extended, which includes some parts and products relevant to the water treatment industry. According to Gephardt Government Affairs, WQA’s lobbying firm in Washington, companies will be eligible to apply for exclusions for the following products:

  1. Machinery for filtering water, submersible, powered by batteries, manually operated, such machinery designed for use in pools, basins, aquariums, spas or similar contained bodies of water (described in statistical reporting number 8421.21.0000)
  2. Hand-held ultraviolet water purifiers, powered by batteries (described in statistical reporting number 8421.21.0000)
  3. Filters designed to remove sulfites from wine (described in statistical reporting number 8421.22.0000)
  4. Filter housings, covers, or couplings, the foregoing of steel and comprising parts of machinery or apparatus for filtering liquids (described in statistical reporting number 8421.99.0040)
  5. Filtering or purifying machinery or apparatus of a kind used for waste water treatment (described in statistical reporting number 8421.21.0000)
  6. Ionization filters valued over $35 but not over $45 each (described in statistical reporting number 8421.21.0000)

Letter regarding Extension of Exclusion for Water Filtration Products – June 25, 2020

WQA, IAPMO and the U.S. Chamber of Commerce sent a letter to the U.S. Trade Representative and members of Congress expressing concern over the USTR’s decision not to extend the exclusion providing relief from tariffs on water filtration products and requesting the decision be reconsidered. 

 Process for COVID-19 exclusions (Spring 2020)

USTR created a new exclusion process for medical-care products used in the fight against the COVID-19 Pandemic. Companies could submit a request for exclusion for all products listed under the Section 301 Tariff Action, even those that have been previously denied or a ruling on a product-specific exclusion is still pending.

Update on possible extension of exclusions granted May 14, 2019 (May 2020)

The U.S. Trade Representative (USTR) decided it would extend exclusion granted on May 14, 2019, for:

(3) Filtering or purifying machinery or apparatus of a kind used for waste-water treatment (described in statistical reporting number 8421.21.0000)

The U.S. Trade Representative (USTR) decided it would not extend particular exclusions granted on May 14, 2019, including the following classes of products under HTS Code 8421.21.0000 – Water Filtering or Purifying Machinery And Apparatus:

(1) Apparatus, including pitchers, bottles, and units designed for incorporation into refrigerators, appliances or sink faucets, the foregoing fitted with filters for filtering or purifying water (described in statistical reporting number 8421.21.0000)

(2) Filtering apparatus, fitted with pumps, designed for use in pools, spas or similar contained bodies of water (described in statistical reporting number 8421.21.0000)

(4) Submersible machinery for filtering water, designed for use in pools, basins, aquariums, spas or similar contained bodies of water (described in statistical reporting number 8421.21.0000)

(5) Water distillation machinery and apparatus not covered by heading 8419 (described in statistical reporting number 8421.21.0000)

Update on possible extension of exclusions granted May 14, 2019 (April 2020) 

The U.S. Trade Representative has decided to consider a possible extension for up to 12 months of particular exclusions granted on May 14, 2019, including the exclusions granted for HTS Code 8421.21.0000 – Water Filtering or Purifying Machinery And Apparatus. These exclusions were for the following classes of products:

(1) Apparatus, including pitchers, bottles, and units designed for incorporation into refrigerators, appliances or sink faucets, the foregoing fitted with filters for filtering or purifying water (described in statistical reporting number 8421.21.0000)

(2) Filtering apparatus, fitted with pumps, designed for use in pools, spas or similar contained bodies of water (described in statistical reporting number 8421.21.0000)

(3) Filtering or purifying machinery or apparatus of a kind used for waste-water treatment (described in statistical reporting number 8421.21.0000)

(4) Submersible machinery for filtering water, designed for use in pools, basins, aquariums, spas or similar contained bodies of water (described in statistical reporting number 8421.21.0000)

(5) Water distillation machinery and apparatus not covered by heading 8419 (described in statistical reporting number 8421.21.0000)

Update for goods on lists one, two and three (Sept. 2019)

On Tuesday, September 3, 2019, the Office of the U.S. Trade Representative filed a notice in the federal register that the administration plans to raise tariffs on Lists 1, 2, and 3 from 25% to 30%.  The proposed increase was to be effective on October 1, 2019, but it was delayed two weeks, to October 15, 2019.

Search tool

The US Trade Representative Office has created a search tool to determine if a product is subject to a proposed or ongoing Section 301 Tariff Action (Lists 1, 2, 3, & 4), by searching for the product’s Harmonized Tariff Schedule (HTS) code. Cick on the button at right and enter the 8-digit HTS Subheading into the search field and press SEARCH.

Summary

On August 14, 2017, President Trump instructed the Office of US Trade Representatives (USTR) to investigate the actions of the Government of China under section 301 of the Trade Act of 1974. The USTR prepared a comprehensive report on the acts, policies, and practices under investigation. This report was posted on March 22, 2018. After the US announced its list of proposed tariffs on  goods imported from China, China announced a list of goods on which it was going to increase tariffs.

Click on the button below for the official Section 301 exclusion process website. Details on the four lists are at right.

RESOURCES:

List 1 – $34 billion

25% duty

List 1 includes, but is not limited to:

  • 8421.21.00 – Machinery and apparatus for filtering and purifying water
  • 8421.99.00 – Parts for filtering or purifying machinery or apparatus for liquids or gases

List 2 – $16 billion

25% duty

List 2 includes, but is not limited to:

3914.00.60 – Ion-exchangers based on polymers of headings 3901 to 3913, in primary forms, nesoi

List 3 – $200 billion

25% duty

List 3 includes, but is not limited to:

  • 3802.10.00 – Activated carbon
  • 3802.90.20 – Activated clays and activated earths

List 4 – $300 billion

10% duty announced on August 1, 2019, increased to 15% on August, 30 2019