JAS USA COMPLIANCE

News & Insights from JAS Worldwide Compliance

JAS Forwarding (USA), Inc.

6165 Barfield Road
Atlanta GA, 30328
United States
Tel: +1 (770)688-1206
Fax: +1 (770)688-1229

Anti Dumping / Countervailing Duties

October 6, 2016

Anti-dumping and countervailing duties are assessed in an honest attempt to help level the playing field for US manufacturers.  This is an important function and CBP is committed to aggressive action to protect the interests of US industry.  Anti-dumping and countervailing duties do have effectiveness and as a result CBP has seen an increase in evasion tactics in some areas of the trade community.  Evasion tactics have included fraudulent country of origin and shipping documentation etc.  This behavior by some in the trade community is rather costly to the country.  Keep in mind that ADD/CVD exists to encourage buyers to source items subject to these duties from US sources or sources that are using free market pricing strategies.  The August 2016 Government Accountability Report notes that in the past 15 years, $2.3 billion were not collected in ADD/CVD.  That is an average of $150+ million per year!  That is also a bunch of US manufacturers being harmed by these questionable evasive practices.

New regulations empower competing importers and federal agencies to call importers out for suspicion of evasive practices with regards to ADD/CVD.  Now is a good time for importers to engage in self-assessment and determine what risk(s) there may be.  Internal audits and continuous improvement of internal compliance processes is a mitigating factor when CBP considers penalties for importers.

Do you have self-audits regularly scheduled?  Do you have extensive experience investigating applicability of ADD/CVD?  We at JAS USA Inc. Compliance team have tackled these issues over and over again.  We pride ourselves in being educators and showing our valuable clients the right way to handle the sometimes uncomfortable positions these types of issues can create.  We are experts at building customized compliance plans, manuals and auditing schedules.  Contact us today and we will be glad to help you mitigate risk!

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Latest News

Updates 3/27/25

In an Executive Order published on March 24, 2025, the administration has announced 25% tariffs on countries that import oil from Venezuela.  The order states that “On or after April 2, 2025, a tariff of 25 percent may be imposed on all goods imported into the United States from any country that imports Venezuelan oil...”  These duties will be supplemental to duties already imposed such as IEEPA, Section 232, Section 301 China tariffs, etc.

Additionally the President signed an executive order on March 26 applying Section 232 duties to automobiles, light trucks and auto parts (such as transmissions/powertrain parts, engines and engine parts etc.).  The rate of duty will be 25% and this will go into effect starting April 3.  It will not apply to USMCA parts until a process has been established to account for the non-US content of auto parts.  If additional parts are to be tariffed, there will be a Federal Register notice as soon as practicable after the Commerce Secretary’s decision, and the tariffs will be collected one day after that notice.

Finally in response to a question yesterday, the President indicated that Lumber Tariffs may come starting on April 2.

Tariffs-Updates

Tariffs on Imports

Note this information is subject to change

Canada

• 25% IEEPA tariff on goods not meeting USMCA (U.S.-Mexico-Canada Agreement) rules of origin.

• 10% IEEPA tariff on potash not meeting USMCA (U.S.-Mexico-Canada Agreement) rules of origin.

• 10% IEEPA tariff on energy not meeting USMCA (U.S.-Mexico-Canada Agreement) rules of origin.

• IEEPA tariffs became effective March 4, 2025.

• March 7, 2025 the carve out for USMCA became effective.

• USMCA qualified goods can be entered without the additional IEEPA rate.

• There’s no mechanism to recover duties paid from March 4 through March 6 on USMCA goods.

• If eligible for USMCA based on USMCA rules of origin, then IEEPA tariff will not apply.

Mexico

• 25% IEEPA tariff on goods not meeting USMCA (U.S.-Mexico-Canada Agreement) rules of origin.

• IEEPA tariffs became effective March 4, 2025.

• March 7, 2025 the carve out for USMCA became effective.

• USMCA qualified goods can be entered without the additional IEEPA rate.

• There’s no mechanism to recover duties paid from March 4 through March 6 on USMCA goods.

• If eligible for USMCA based on USMCA rules of origin, then IEEPA tariff will not apply.

China

• IEEPA 20% tariff on all imports.

• Was initially 10% but was increased to 20% on March 4, 2025.

• Started on February 4, 2025.

• Goods on final leg destined to the US prior to February 1 and arriving before March 7, 2025 were eligible for an exemption on the IEEPA tariff.

• Existing Section 301 tariffs still in affect on top of IEEPA tariffs.

• Tariffs stack including IEEPA, 301 and 232 tariffs.

• Existing Section 301 exclusions are still in effect until their expiry date.

Section 232: Steel & Aluminum Tariffs

• All non-US steel and aluminum tariffs are 25% regardless of origin

• 25% tariffs expanded to include derivative products.

• No more exclusion process

• No Drawback allowed

• End of quota agreements with affected countries

• FTZ admissions must be in Privileged Foreign Status

• Listing of affected HTS codes and their corresponding chapter 99 program tariff can be found at the link below.

International Emergency Economic Powers Act (IEEPA)

• Grants the U.S. President authority to regulate commerce in response to national emergencies.

• Used to impose economic sanctions, restrict trade, or freeze assets of individuals, companies, or governments.

• Aims to protect U.S. national security and foreign policy interests.

• No drawback allowed

TARIFF WEBINAR

JAS Forwarding (USA) Inc. Compliance Team is pleased to announce that we will be hosting a webinar on all things tariffs on March 25, 2025, at 3PM Eastern time.

On the agenda, we will cover Canada tariffs, Mexico tariffs, China tariffs, Steel & Aluminum, reciprocal tariffs and much more.

Our own Laurie Arnold and Scott Cassell will discuss tariffs and answer questions. Check out our webinar flyer and the link to the registration page below.

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