Spotlight Newsletter

Section 301 Duty Update and Imported Composite Wood Products Certification Requirement

Section 301 Duty News
News reports reflect the U.S. and China have made progress in recent trade talks and they are continuing talks in Washington during the week of Feb. 18. Currently, all existing 301 duties remain in place. The rate of additional duties on the “tranche 3” listing of products is currently set to increase from 10% to 25% on March 2, 2019. Importers of tranche 3 products should expect to see the duty increase on importations of those goods effective March 2. However, President Trump has hinted he might be willing to delay the scheduled increase if the U.S. and China are “close” to an agreement to resolve trade tensions, or “if the deal is going in the right direction.” USTR Sec 301 tranche 3 information.

Reminder on TSCA Import Certification Requirement on Imported Composite Wood Products
Since June 1, 2018, regulated composite wood panels and finished products containing such composite wood panels that imported into the U.S. have been required to be certified as compliant with either the TSCA Title VI or the California Air Resources Board (CARB) Airborne Toxic Control Measures (ATCM) Phase II emission standards. Such products have been required to be labeled as CARB ATCM Phase II or TSCA Title VI compliant.

Effective March 22, 2019, such goods may only be certified and labeled as compliant with TSCA Title VI. A label which only references the product being compliant with the CARB ATCM Phase II standards will no longer be sufficient.

Also beginning on March 22, 2019, importers will be responsible for providing a TSCA Section 13 import certification for articles containing regulated composite wood products, component parts or finished goods imported into the U.S. customs territory. Importers must complete the TSCA certification form and include it with the import documentations of each subject importation, so the Customs broker may notate the certification within the Customs entry.

“Regulated composite wood panels” include medium density fiberboard (MDF), particle board and hardwood plywood. Any finished products (unless specifically excluded by the rule) made from these materials are also subject to the above requirements. This can include products such as furniture, toys, recreational vehicles, etc. Importers of products made from the above noted materials should review and ensure all regulatory requirements are being met on such importations.

U.S. Customs’ message may be found here.

EPA resource and guidance webpage can be found here.

EPA compliance guide on the rule can be found here.

DHL’s May 2018 Spotlight on EPA Requirements on Formaldehyde Emission Standards can be found here. DHL’s December 2018 Spotlight on certification requirements can be found here.

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