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U.S. 201 Steel Safeguard Implementation Updates

April 8 , 2002

Since our March 22nd update, there have been several important developments by agencies implementing the 201 Safeguard duties.

International Trade Commission Update to Tariff

The International Trade Commission (ITC) has posted to its Web site (www.usitc.gov/taffairs.htm) an updated, March 20, 2002, version of the Harmonized Tariff Schedule of the U.S. (HTS) to reflect the imposition of increased duties and/or tariff-rate quotas (TRQs) on imports of certain steel products entered, or withdrawn from warehouse, for consumption on/after March 20, 2002, by Presidential Proclamation 7529; and

Customs Administrative Message Updates

On March 20, 2002, Customs issued ABI administrative message 02-0390 providing instructions regarding the establishment and opening of the 2002-2003 tariff-rate quota (TRQ) on certain carbon and alloy steel slabs.

Due to numerous requests from all sources, certain entries of steel products subject to Section 201 increased duties are now allowed to be filed using electronic invoice processing (EIP) and the remote location filing (RLF) program.  (See Adm: 02-0488, dated 04/08/02)

EIP/RLF can be used if the entry is being filed with all applicable Section 201 steel duties (HTS 9903 tariff numbers).  Further, mill certificates must be presented with every entry summary for subject steel mill products as evidence of the proper country of origin. The requirement for a mill certificate for all entries will be met by the filer faxing the mill certificate to the port of arrival, to the attention of the appropriate team.   For steel products that are not mill products (e.g. fittings), mill certificates will not generally be required on entry.

Remote Location Filing Continues to be Disallowed for the Following Entries

  • Entries subject to duty deferral period. 
  • Entries subject to any quota. 
  • Filer claiming an exemption based on a product exclusion. 
  • Filer claiming an exemption based on country of origin

US Trade Representative's Updates

The Office of U.S. Trade Representative (USTR) issued a notice that made a number of technical corrections to the HTS Chapter 99 provisions that were added by Proclamation 7529.  

On April 4th, the Office of the U.S. Trade Representative (USTR) published to the Federal Register its determination that exclusion of certain steel articles will not undermine the goals of Proclamation 7529. (For more information on this, please see our newsletter, U.S. Trade Representative Issues Exclusions for Certain Steel Products.)

If you have any questions on any of the issues raised in this newsletter, please contact George R. Tuttle, III at (415) 288-0428 or via email at geo@tuttlelaw.com.

George R. Tuttle, III is an attorney with the Law Offices of George R. Tuttle in San Francisco. The information in this article is general in nature and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence, and may not be considered as such.

 

Copyright © 2002 by Tuttle Law Offices. 

All rights reserved.  Information has been obtained from sources believed to be reliable.  However, because of the possibility of human or mechanical error by our offices or by others, we do not guarantee the accuracy, adequacy, or completeness of any information and are not responsible for any errors, omissions, or for the results obtained from the use of such information.

 

 

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