{"id":1381,"date":"2020-03-02T16:52:00","date_gmt":"2020-03-02T16:52:00","guid":{"rendered":"http:\/\/www.bocintl.com\/en\/?p=1381"},"modified":"2020-03-02T16:52:00","modified_gmt":"2020-03-02T16:52:00","slug":"the-boc-blast-352-section-301-large-civil-aircraft-lca-trade-remedy-modification-march-5-2020-and-march-18-2020","status":"publish","type":"post","link":"https:\/\/www.bocintl.com\/web\/the-boc-blast-352-section-301-large-civil-aircraft-lca-trade-remedy-modification-march-5-2020-and-march-18-2020\/","title":{"rendered":"The BOC Blast 352 – Section 301 Large Civil Aircraft (LCA) Trade Remedy – Modification March 5 2020 and March 18 2020"},"content":{"rendered":"\n
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Section\n301 Large Civil Aircraft (LCA) Trade Remedy – Modification March 5, 2020 and\nMarch 18, 2020<\/strong><\/p>\n\n\n

CBP Modification, Section 301 duties for EU\/EU Member States<\/strong><\/p>\n\n\n

The U.S.\nhas been in dispute with the European Union (EU) and certain EU member states\nconcerning the subsidies provided on large civil aircrafts that are\ninconsistent under SCM Agreement and GATT 1994 obligations.  CBP has posted the modification to the\nadditional Section 301 duties for EU and EU member states, on February 21,2020\nplease see 85 FR 10204.  Please see the\nbelow chart from Cargo System Messaging Service (CSMS)<\/p>\n\n\n

CBP CSMS # 41840662 <\/p>\n\n\n

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CSMS #41840662 – Section 301 Large Civil Aircraft (LCA) Trade Remedy –
Modification March 5, 2020 and March 18, 2020<\/strong><\/p>\n\n\n

The\npurpose of this memorandum is to provide notice of the United States Trade\nRepresentative\u2019s (USTR) modification determination to impose additional duties\non products of the European Union (EU) or certain member states.  The effective date is dependent on the\nsection of Annex 1 and may be either on or after 12:01 a.m. eastern daylight\ntime March 5, 2020 or on or after 12:01 a.m. eastern daylight time March 18,\n2020.  The complete list of affected\nproducts, countries of origin, Chapter 99 HTSUS numbers, and the associated\neffective dates and tariff rates is attached to the end of this memo.<\/p>\n\n\n

BACKGROUND:<\/strong><\/p>\n\n\n

Effective\nOctober 18, 2019, the USTR imposed additional duties on certain products of the\nEU and certain EU member States in this Section 301 investigation to enforce\nU.S. WTO rights in the Large Civil Aircraft (LCA) dispute published in the\nFederal Register 84 FR 54245. On December 12, 2019, the USTR announced a review\nof the Section 301 action and requested public comments.<\/p>\n\n\n

On\nFebruary 21, 2020, based on this review, the USTR published a Modification to\nthe LCA dispute in 85 FR 10204 to revise the action being taken by increasing\nthe rate of additional duties on certain LCA, and by modifying the list of\nother products of certain current and former EU member States subject to\nadditional 25 percent duties.<\/p>\n\n\n

As\nspecified in the annexes to FR notice 85 FR 10204 , the USTR has determined to\nincrease the duties on certain LCA from 10 percent to 15 percent.  The countries that are affected by the duty\nincrease for LCA are France or Germany.<\/p>\n\n\n

The USTR\nhas also changed the composition of the list of products subject to additional\nduties of 25 percent. As of this time, the USTR has decided not to increase the\nrate of additional duties above the additional 25 percent currently being\napplied to non-aircraft products. The countries that are affected by the change\nto the list of products are Austria, Belgium, Bulgaria, Croatia, Republic of\nCyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece,\nHungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands,\nPoland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden or the United\nKingdom.  The LCA Section 301 duties only\napply to products of the countries set forth in the Annex to FR notice 85 FR\n10204.<\/p>\n\n\n

The USTR\nhas also determined that going forward, the action may be revised as\nappropriate immediately upon any EU imposition of additional duties on U.S.\nproducts in connection with the LCA dispute or with the EU’s WTO challenge to\nthe alleged subsidization of U.S. large civil aircraft.<\/p>\n\n\n

GUIDANCE:<\/strong> <\/p>\n\n\n

The\nmodifications set out in the Annex 1, subparagraphs A and B are applicable with\nrespect to products that are entered for consumption, or withdrawn from\nwarehouse for consumption, on or after 12:01 a.m. eastern standard time on\nMarch 5, 2020.  The modifications in\nadditional import duties for products set out in Annex 1, subparagraph C, apply\nto merchandise entered for consumption, or withdrawn from warehouse for\nconsumption, on or after 12:01 a.m. eastern daylight time March 18, 2020.  A complete list of products subject to the\nremedy and assessed duties are set out in FR notice 85 FR 10204.<\/p>\n\n\n

ADDITIONAL\nINFORMATION: <\/strong><\/p>\n\n\n

Any\nproduct listed in the Annex 1, except any product that is eligible for\nadmission under \u2018domestic status\u2019 as defined in 19 CFR 146.43, which is subject\nto the additional duty imposed by this determination, and is admitted into a\nU.S. foreign trade zone on or after 12:01 a.m. eastern daylight time on March\n5, 2020 or March 18, 2020 (only) may be admitted as \u2018privileged foreign status\u2019\nas defined in 19 CFR 146.41. Such products will be subject upon entry for\nconsumption to any ad valorem rates of duty or quantitative limitations related\nto the classification under the applicable HTSUS subheading.<\/p>\n\n\n

Reminder:\nWhen importers, brokers, and\/or filers are submitting an entry summary in which\na heading or subheading in Chapter 99 is claimed on imported merchandise, refer\nthem to CSMS 39587858 (Entry Summary Order of Reporting for Multiple HTS when\n98 or 99 HTS are Required).<\/p>\n\n\n

Please\nensure the FR notice 85 FR 10204 is passed to all Center Directors, Assistant\nCenter Directors, Port Directors, Assistant Port Directors (Trade), Import\nSpecialists, CBP Officers, and Entry Specialists.  If field personnel have any questions\nregarding the Section 301 remedy described in the United States Trade Representative\n(USTR) Notices of Action, please contact traderemedy@cbp.dhs.gov.<\/p>\n\n\n

Related Messages: CSMS 40430843, 40281968<\/p>\n\n\n

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Section 301 Large Civil Aircraft (LCA) Trade Remedy – Modification March 5, 2020 and March 18, 2020 CBP Modification, Section 301 duties for EU\/EU Member States The U.S. has been in dispute with the European Union (EU) and certain EU member states concerning the subsidies provided on large civil aircrafts that are inconsistent under SCM<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[507],"tags":[],"class_list":["post-1381","post","type-post","status-publish","format-standard","hentry","category-the-boc-blast"],"_links":{"self":[{"href":"https:\/\/www.bocintl.com\/web\/wp-json\/wp\/v2\/posts\/1381","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.bocintl.com\/web\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.bocintl.com\/web\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.bocintl.com\/web\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.bocintl.com\/web\/wp-json\/wp\/v2\/comments?post=1381"}],"version-history":[{"count":0,"href":"https:\/\/www.bocintl.com\/web\/wp-json\/wp\/v2\/posts\/1381\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.bocintl.com\/web\/wp-json\/wp\/v2\/media?parent=1381"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bocintl.com\/web\/wp-json\/wp\/v2\/categories?post=1381"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bocintl.com\/web\/wp-json\/wp\/v2\/tags?post=1381"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}