Washington, D.C. – December 14, 2018

Dear Valued Customer:

As we informed you in our previous newsletter, the President of the United States, Donald J. Trump, and President Xi Jinping of China, met for dinner on Saturday December 1, 2018 and agreed to hold off for 90 days on additional tariffs on each other’s goods at the start of the new year to allow for talks to continue. The U.S. agreed to leave tariffs on the third tranche of more than $200 billion worth of Chinese products at 10 percent and not raise it to 25% until March 1, 2019.

However, as of the date of this writing, the U.S. Trade Representative (USTR) has not yet officially published a Federal Register notice concerning the tranche 3 tariff hike delay. This has prevented the U.S. Customs and Border Protection (CBP) from updating the tariff database in ACE, which is still set at the increased tariff of 25% effective January 1, 2019.

Because of this, entry filers must enter the Estimated Entry Date as the December shipment arrival date for pre-filed entries, or the date of filing if the vessel already arrived into the U.S. in December where the duty-due date (10th day) falls on/after January 1, 2019 to avoid paying the higher 25% rate. Another option may be to pay duties earlier within December to lock in the 10% provisional duty rate. It is also advisable to submit an Elected Entry Date request letter to CBP via DIS to secure the lower rate for such entries, in case the entry is held or examined, resulting in Customs release delays.

For any Customs entries for shipments arriving on January 1, 2019 or later, it may be best to withhold filing of entries until after the official notice has been published in the Federal Register by the USTR, and until CBP updates their tariff database to reflect the 10% tariff rate. If for some reason the USTR does not publish an official Federal Register notice by December 31, 2018, and if shipments arriving into the USA during the first week of January are urgent, it may be advisable to file the entry without entry summary to allow for immediate delivery of the goods and to allow for up to 10 days after release for CBP to update their database prior to filing entry summary with payment of the duties.

Thank you for your attention and cooperation. If you have any questions, please contact your nearest JJB representative.

 

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