In a soon to be published Federal Register Notice, the United States Trade Representative (USTR) is modifying its May 9, 2019 notice increasing tariffs on Section 301 List 3 goods from 10 percent to 25 percent on May 10.

The May 9 notice included an “on water” exception for items exported to the United States that were in transit before May 10 (i.e., they are not subject to 25 percent tariffs).

The modification from USTR states all Section 301 List 3 items must enter the United States by June 1, 2019 in order to receive the 10 percent tariff. All goods entering the U.S. after that will be subject to the higher 25 percent rate.

 

 

 

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Photo of John Brew John Brew

John Brew is the former chair of Crowell & Moring’s International Trade Group and a partner in the firm’s Washington, D.C. office.

John has extensive experience in import and export trade regulation, collaborating with corporations, trade associations, foreign governments, and nongovernmental organizations on…

John Brew is the former chair of Crowell & Moring’s International Trade Group and a partner in the firm’s Washington, D.C. office.

John has extensive experience in import and export trade regulation, collaborating with corporations, trade associations, foreign governments, and nongovernmental organizations on customs administration, enforcement, compliance litigation, legislation, and policy matters. He represents clients in proceedings at the administrative and judicial levels as well as before Congress and the international bureaucracies that handle customs and trade matters. John advises clients on all substantive import regulatory issues handled by U.S. Customs and Border Protection and Immigration and Customs Enforcement, such as classification, valuation, origin, marking, tariff preference programs, other agency regulations, admissibility, customs brokerage, Section 321, drawback, foreign trade zones, duty recovery programs, import restrictions, quotas, audits, prior disclosures, penalties, investigations, Customs Trade Partnership Against Terrorism and trade compliance programs, importations under bond, the Jones Act, and vessel repairs.

Robert Clifton Burns

Robert Clifton Burns is a senior counsel in Crowell & Moring’s Washington, D.C. office. Clif focuses his practice on export controls, economic sanctions, customs, national security, and the Foreign Corrupt Practices Act. He represents clients in France, Germany, the Netherlands, Australia, and the

Robert Clifton Burns is a senior counsel in Crowell & Moring’s Washington, D.C. office. Clif focuses his practice on export controls, economic sanctions, customs, national security, and the Foreign Corrupt Practices Act. He represents clients in France, Germany, the Netherlands, Australia, and the United States.

His clients are in a broad range of industries including medical devices, military equipment, financial services, travel and hospitality, and agriculture. Clif counsels clients on compliance matters as well as, in handling internal investigations, voluntary disclosures, and criminal defense. In addition, he represents M&A clients in international transactions with national security implications before the Committee on Foreign Investment in the United States.

Clif’s export control work encompasses a broad range of areas and includes matters involving the Export Administration Regulations administered by the Department of Commerce, the International Traffic in Arms Regulations administered by the State Department, and the country-based economic sanctions program administered by the Office of Foreign Assets Control of the Treasury Department. He also has experience in developing compliance programs for each of these three regulatory schemes, conducting due diligence for compliance with these schemes, and submitting voluntary disclosures of prior unlicensed exports.

Clif was an adjunct professor of law at the Georgetown University Law Center from 2004 until 2016. He was editor-in-chief of the Northwestern University Law Review and a law clerk for the Honorable Robert A. Sprecher with the U.S. Court of Appeals for the Seventh Circuit.

He speaks fluent French.

Photo of Frances P. Hadfield Frances P. Hadfield

Frances P. Hadfield is a counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving…

Frances P. Hadfield is a counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving customs compliance, audits, customs enforcement, as well as import penalties.

Frances represents clients before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit, as well as in proceedings at the administrative level. She advises corporations on both substantive federal and state regulatory issues that involve U.S. Customs and Border Protection, the Federal Trade Commission, Food and Drug Administration, and U.S. Fish & Wildlife in matters pertaining to product admissibility, audits, classification, import restrictions, investigations, marking, licenses, origin, penalties, and tariff preference programs.

Photo of Edward Goetz Edward Goetz

Edward Goetz is the Director for International Trade Services in Crowell & Moring’s Washington, D.C. office. Edward leads the firm’s international trade analysts providing practice support to the International Trade Group in the areas of customs regulations, trade remedies, trade policy, export control…

Edward Goetz is the Director for International Trade Services in Crowell & Moring’s Washington, D.C. office. Edward leads the firm’s international trade analysts providing practice support to the International Trade Group in the areas of customs regulations, trade remedies, trade policy, export control, economic sanctions, anti-money laundering (AML), anti-corruption/anti-bribery, and antiboycott. He has extensive government experience providing information and interpretive guidance on the International Traffic in Arms Regulations (ITAR) concerning the export of defense articles, defense services, and related technical data. He also assists attorneys with matters involving the Export Administration Regulations (EAR), economic sanctions, AML, anti-corruption/anti-bribery, and trade remedies.