Submitted by Peter Quinter, Chair of the Customs and International Trade Law Group at Gray Robinson.

 

There has been much discussion about Trump’s Section 301 tariffs against Chinese products.  It certainly keeps Customs and International Trade lawyers busy.  The Office of the United States Trade Representative (USTR) has just released a third proposed list of tariff items to become subject to an additional 10% duty under Section 301 of the Trade Act of 1974. The first list (“List 1”) covers 818 tariff lines. List 1 became effective on July 6, 2018. Goods covered on List 1 are now subject to an additional 25% duty. List 1 can be accessed at: https://ustr.gov/sites/default/files/enforcement/301Investigations/List%201.pdf.
The second proposed list (“List 2”) consists of 284 tariff items and is currently in the notice and comment phase. Upon becoming final, items covered by List 2 would become subject to an additional 25% duty. List 2 can be accessed at: https://ustr.gov/sites/default/files/enforcement/301Investigations/List%202.pdf.
On July 10, 2018, USTR released a third proposed list (“List 3”) covering over 6,000 tariff lines that, if implemented, would subject these goods to an additional 10% duty. List 3 products include meat, fish and foods; tobacco; chemicals; rubber goods; leather (but not footwear); luggage and bags; certain apparel items; articles of wood (including paper); textiles; carpets; cutlery; metals; machinery; motor vehicle parts; and many other items. The full proposed List 3 is available at: https://ustr.gov/sites/default/files/301/2018-0026%20China%20FRN%207-10-2018_0.pdf .
Proposed List 3 will be subject to comment process prior to being finalized. The critical dates of the comment process are as follows:
* Requests to testify at the public hearing must be filed by July 27, 2018.
* Written comments must be filed by August 17, 2018.
* The public hearing will take place August 20-23, 2018.
* Rebuttal comments will be due on August 30, 2018.
There is a process for applying for product-specific exclusions for List 1 items. See https://www.gpo.gov/fdsys/pkg/FR-2018-07-11/pdf/2018-14820.pdf. Submissions are done electronically, and are available to the public.

 

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