Wednesday, October 30, 2019

Market Update: Tariffs and IMO 2020

Alert: What you need to know about the tariffs now
As reported by JOC.com and The New York Times, on October 11, U.S. and Chinese negotiators worked out the details of the first phase of a trade deal that calls for China to buy $40 to $50 billion worth of U.S. agricultural products and for the U.S. to cancel its plan to increase tariffs from 25 percent to 30 percent on over $250 billion in Chinese imports. The original date of the increase was October 1, and it would have affected building products, vacuum cleaners, lighting and plumbing fixtures, handbags, luggage, vinyl flooring, semiconductors, printed circuit boards, and chemicals.
The next round of tariffs is set for December 15. If implemented, these will affect products including footwear and apparel.

Exclusions, refunds, and more
While the 25 percent tariffs have brought stress to importers for more than a year, some are finding relief via product-specific exclusions and refunds for tariffs already paid. These exclusions are available whether importers have applied for them or not. Over 3000 exclusions have already been granted for products impacted by Section 301, and over 2000 are still under review.
The exclusion submission window for List 3 closed on September 30, and, as recently announced, the window opens October 31 for qualifying goods on List 4A. Companies interested in applying for List 4A exclusions should be aware that those letters are due by January 3, 2020, so they will need to act quickly. Product exclusions are announced in rounds, so importers should regularly check USTR postings or consult with a customs broker. For additional guidelines and important dates to meet, importers should follow the instructions on the Tariff Actions page at the USTR website: https://ustr.gov/issue-areas/enforcement/section-301-investigations/search.

Alert: IMO 2020 is a little more than 2 months away
January 1, 2020, the day IMO 2020 goes into effect, is just around the corner, and the International Maritime Organization’s regulation will bring about significant changes in the shipping industry.
To combat the high level of pollutants in the exhaust of the bunker currently used to power some 50,000 ships globally, carriers will have to re outfit their fleets so that they can burn fuel that’s better for the environment. This will involve physical upgrades designed to reduce sulfur emissions by more than 80 percent. One option is to install on board scrubbers that process the current fuel’s exhaust. The other is to convert the fuel supply to liquid natural gas.
“Goldman Sachs estimates that the overall impact on consumers in 2020 could be as much as $240 billion,” according to an article published online by Logistics Management. The article also mentions that the changes will add approximately $40 billion in increased shipping costs.
“This is the largest regulatory change in the oil space ever, and it will have a massive effect far outside of shipping,” says Svelland Capital portfolio manager Kenneth Tveter in the Logistics Management article.

IMO 2020’s effect on the industry
It is expected that carriers will comply with IMO 2020. One reason: Those that don’t comply risk alienating customers who care about protecting the environment. As ships are converted, new low-sulfur fuels will be in high demand. The conversions and the cost of fuel will create higher shipping prices. In addition, as ships are dry docked and converted, fleets will be reduced, creating more demand on the ships still at sea. And with fewer sailings, shipment delays will affect supply chains all over the world.

What you can do to prepare
With regard to tariffs: American Lamprecht can help you navigate the complex process of identifying existing exclusions, applying for new ones, and handling entry corrections and refunds (if applicable). Here are a few other things you can do:
  • Determine how the tariffs affect your cash flow, line of credit, vendor payment schedule, payroll, and more.
  • Confirm your credit status with your broker, forwarder, and overseas vendors.
  • If you haven’t done so already, set up an Automated Clearinghouse (ACH) account with Customs so that you can pay through Periodic Monthly Statement (PMS), which gives you an up-to-45-day float.
With regard to IMO 2020: There are things you can do now to prepare your company for the industry’s new changes:
  • Ship early to avoid the capacity shortage, and arrange for domestic storage if required
  • Optimize flexibility in the event your first or second option are blank sailings
  • Diversify shipments so that no single carrier has all of your product
  • Learn how using multiple carriers can work for you, especially in periods of limited capacity
  • Consider air freight for certain shipments
  • Reconfirm allocations and forecasts

Like the challenges caused by the escalated tariffs, those caused by IMO 2020 will require importers and exporters to work with logistics experts like American Lamprecht to find solutions that preserve the integrity of supply chains and the profitability of their businesses.

"It is about doing the right thing" - Choose the correct tariff code

After finishing the show Breaking Bad, I started to follow its derivative show Better Call Saul. Saul Goodman, formerly named as Jimmy McGill, is a small named attorney hustling to make a name for himself. He is "morally flexible", sometimes he will use tricks to benefit himself as long as it is legal. However, when facing some critical moments, he's said, "it is not about doing it quickly. It is about doing the right thing." I really recommend this show.
Back to today's topic, the principle of "doing the right thing" for the customs broker, is to provide as accurate and complete information as you can to U.S. Customs. Although making an entry with 50 lines seems a lot of work, if that is the way it's supposed to be, you have to do it anyway. If you happen to make short cuts and group all the items into 5 lines, the tactics might backfire at the end if and when the shipment gets examined. On the other side, the importer is the ultimate responsible party to provide accurate classifications as this is a "reasonable care" requirement of U.S. Customs Compliance. If you would like to save duties by misusing tariff codes, such non-compliance conduct can result in a substantial cost, both in back duties and penalties for the importer.
I have a real example here:
So this importer sells a large range of cleaning machines (like commercial level vacuums and cleaning machines) and its components and accessories. So he simply provides the broker one tariff code 84519000 for all its invoiced items. By definition from HTSUS book,
84519000
Drying chambers for the drying machines of subheading 8451.21 or 8451.29, and other parts of drying machines incorporating drying chambers
However, if we examine the commercial invoice and packing list, there are "accessories bags", "deep clean pads", " handy brushes", "battery" etc. These articles, although can be used in conjunction with a cleaning machine, but should not be classified as parts of any article. If the battery leaves the cleaning machine in question, it is still a battery. Apparently, the importer tried to play around the rules by claiming that battery, bag and all this and that item are just parts of the drying machines. This importer knows the bags has 17.6% duty while parts of machinery only have 3.5% duty. It makes a huge difference in the duty amount but it is not right to do so.
If you have doubt, please make sure you check with your broker whether it is okay to classify the goods to be part of the parent item or not. Actually there are classes of goods that can never be considered to be parts of a parent item. These are considered to be "Parts of General Use" defined in Note 2 to Section XV, HTSUS. These articles include springs, nails, screws, pipe fittings, etc. Under no circumstances can they be considered to be parts of any article, but must be classified under their own headings
One size CANNOT fit all.
In any case, if you feel that you don’t understand the meaning of a particular heading or subheading, there are several tools for you to utilize

The Customs Ruling Online Search System

https://rulings.cbp.gov/home

The Customs Ruling Online Search System (CROSS) is a very user-friendly system that allows you to search by keywords. You can either enter descriptive names for your article or if you want to see what customs has classified under a particular HTSUS number, put that number in and see rulings that have been issued classifying products under that number.


The Harmonized Tariff Schedule of the United States

https://www.usitc.gov/tata/hts/index.htm
This is the official and most updated listing of 10-digit product classifications for products imported into the United States.
You will find the six General Rules for the Interpretation of the Harmonized System (GRI’s), found on page one of the EN. These rules are also found at the beginning of the HTSUS. However, the EN has detailed explanatory notes on all the rules, so it is considerably more useful.
Remember if in doubt, contact your local American Lamprecht Transport Customs Broker.