The tariffs will automatically expire on their 4th birthday unless the U.S. Trade Representative (USTR) takes specific actions, including a review within 60 days of July 6th. Originally granted back in December of 2020 and scheduled to expire on May 31, 2022, the exclusions will now expire on November 30, 2022.The extension is effective for goods that enter the United States on or after June 1, 2022. By monitoring the status of the Section 301 exclusions, you can better forecast for your future imports in both operational and financial planning. These tariffs impact $550 billion worth of goods imported from China and have caused severe economic obstacles for companies that import Chinese products. The first round of the Section 301 retaliatory tariffs on products of China, commonly known as "List 1," was effective July 6, 2018, which means a request that this action be continued would need to be "submitted" between May 7, 2022 and July 6, 2022 to trigger USTR to conduct its review. China Section 301-Tariff Actions and Exclusion Process $34 Billion Trade Action (List 1) $16 Billion Trade Action (List 2) $200 Billion Trade Action (List 3) $300 Billion Trade Action (List 4) COVID Exclusions Reinstatement of Certain Exclusions Previously Extended Four-Year Review on may 3, 2022, the office of the ustr announced a process for considering the extension of the section 301 tariffs against chinese goods, pursuant to a provision that requires such tariffs to expire on the four-year anniversary of their imposition (july 6, 2022 and aug. 23, 2022), unless domestic beneficiaries of the tariffs request their In 2018, the Trump administration imposed Section 301 tariffs on a long list of Chinese goods that included solar inverters and AC modules after finding "China's acts, policies and practices related to technology transfer, intellectual property and innovation are unreasonable and discriminatory and burden or restrict U.S. commerce.". September 1, 2020. While this process unfolds, the tariffs will continue. Pursuant to Section 307(c)(1) of that Act (19 U.S.C. The USTR is inviting public comments for extending particular exclusions. The review will be conducted by the Office of the U.S. Trade Representative (USTR) as set forth in the Trade Act of 1974. The first was the expiration of most exclusions to Section 301's 25% and 7.5% tariffs on imports from China, which are based upon thousands of Harmonized Tariff Schedule of the US (HTSUS) codes. October 5, 2022 at 11:47 AM. The tariffs were broad-based. The U.S. Trade Representative (USTR) has announced that beginning May 7, 2022, it will accept requests from members of the domestic industry that have benefitted from the current Section 301 tariffs on imported goods of Chinese origin to continue those tariffs. On March 23, 2022, the US Trade Representative announced the reinstatement of certain product exclusions in the China Section 301 tariffs. SECTION 301 CHINA TARIFFS Section 301 of the Trade Act of 1974 provides the United States with the authority to enforce trade agreements, resolve trade disputes, and open foreign markets to U.S. . The exclusions set forth in the Dec. 29 notice are set to expire on March 31, 2021. Section 301 (China) Tariffs Causing a Fourfold Increase in Tariff Rates Tori Smith, Tom Lee Executive Summary President Biden has to-date chosen to retain Section 301 tariffs on over $300 billion worth of imports from China that were originally imposed by President Trump in July 2018. would suspend tariffs certain goods and formalize a process for excluding imports from Section 301 tariffs. Among them are significant tariff relief measures that expired on December 31, 2020. [8] The reinstatement will apply on imports as of October 12, 2021 and will extend through December 31, 2022. . The notice extends the Section 301 tariffs exclusions previously granted in the "Notice of Product Exclusion" on Dec. 29, 2020 for certain medical care products of Chinese origin needed to address the ongoing COVID-19 pandemic. More than 170 business groups on Tuesday urged the Office of the U.S. Trade Representative to extend exclusions from Section 301 tariffs on Chinese goods that are set to expire in November and December, while re-upping calls for the agency to implement a more robust exclusion process. And the review must happen within 60 days of their expiration. The Biden Administration and Section 301 Tariffs This exclusion will be retroactive to Aug. 23, 2018, and remain in place through Oct. 1, 2020. [7] That's equal to more than $1,000 for every American household, an amount that continues to grow. All other products on the first list of exclusions, entered into the U.S. on or after December 28, 2019, are subject to the 25% Section 301 tariff with no exception. Many US manufacturers have been plagued with the Section 301 tariffs on China since their imposition. Back in October 2021, the United States Trade Representative began the "targeted tariff exclusion process" which has resulted in the reinstatement of certain tariff exclusions that had previously expired . The first wave of retaliatory tariffs against certain Chinese-origin goods (the so-called Section 301 duties) are set to terminate under the Trade Act of 1974 ("Trade Act"). As the Biden Administration reviews the actions against China and possibly makes use of Section 301 authorities (e.g., to counter or obtain the elimination of other Chinese practices that may disadvantage or discriminate against China committed to purchasing $200 billion in U.S. goods and services while the Trump administration postponed additional planned Section 301 tariffs on Chinese goods. For more information on first sale, please contact Mark Segrist or Mark Tallo. Enter 8-digit HTS Subheading Section 301 Tariff Actions Thus, Hong Kong imports are not subject to Section 301 duties, and importers should continue to report Hong Kong as the country of origin when required. The . An exclusion from the Section 301 additional 25 percent tariff on List 2 goods from China has been granted for skateboards with electric power for propulsion, of a power not exceeding 250W (described in HTSUS 8711.60.0050). section 307 (c) of the trade act provides that section 301 actions are to expire four years after they take effect, unless the petitioner or a representative of the domestic industry that benefits from the action submits to ustr a request for continuation of the action. On May 3, 2022, the Office of the United States Trade Representative (USTR) announced it would be "commencing the statutory four-year review" of the Section 301 actions, effectively starting a process to potentially terminate the Section 301 tariffs on $370 billion worth of Chinese goods, pursuant to Title III of the Trade Act of 1971 (19 U.S.C. On Oct. 12, the Office of the US Trade Representative (USTR) issued notice of a request for public comments on the use of the Section 301 tariffs and their impact on US manufacturers and workers . The tariffs could expire if the review is not completed by September 4, 2022. o Exclusion Extension Comment periods open as Exclusions expire Certain Exclusions have been extended for 12 months Tranche 2 - $16 Billion U.S . By statute, the measures terminate after 4 years unless an affected party benefitting from the tariffs submits a request to the United States Trade Representative ("USTR") that the 2411, 2420), titled Relief from Unfair . Hundreds of products imported from China will become subject to the Section 301 additional 7.5 tariff on List 4A goods when their exclusions expire Sept. 1. The four-year anniversary dates: July 6, 2022: List 1 (HTS 9903.88.01) August 23, 2022: List 2 (HTS 9903.88.02) We know all too well that additional 7.5% or 25% duties can severely alter you future budgeting estimates. Absent any such request, the tariffs will expire on the respective four-year anniversary of the imposition of each tariff . This determination reinstates 352 of the 549 eligible exclusions. Exclusions are being extended for less than 100 products (see list here) but those extensions are only valid through Dec. 31. By statute, the Section 301 Tariffs are set to expire four years after the tariffs were imposed, absent a written request for continuation submitted during the final sixty days of the four-year period by a representative of the domestic industry that has benefited from the tariffs. . , in July and August of this year . The tariff action will automatically expire 4 years from the date of implementation unless the U.S. Trade Representative (USTR) receives comment from the domestic industries benefiting from the Section 301 tariff action. USTR imposed tariffs on certain Chinese imports pursuant to its authority under Section 301 of the Trade Act of 1974, effective July 6, 2018 (List 1) and August 23, 2018 (List 2). The law stipulates the tariffs expire four years after their imposition unless USTR "analyzes their effectiveness and consequences," Bloomberg noted a few weeks ago. The Biden Administration would take political "ownership" of any tariffs extended beyond the current expiration dates. For product exclusion status, visit the Product Exclusion Process section on the $34 Billion Trade Action (List 1), $16 Billion Trade Action (List 2), $200 Billion Trade Action (List 3), or $300 Billion Trade Action (List 4) webpages. Additionally, there are 700 other products that were on that list and expired August 7, 2020. Per the Federal Register notices published by the USTR, any product listed in the Section 301 Federal Register notices, except any product that is eligible for admission under 'domestic status' as defined in 19 CFR 146.43, which is subject to the additional duty imposed by these determinations, and that is admitted into a U.S. foreign trade zone must be admitted as 'privileged foreign . T. he Office of the U.S. Trade Representative (USTR) announced the extension of China Section 301 tariff exclusions for COVID-19 medical goods for six months.. However, the Section 301 25% tariffs already in effect as of January 2020 remained in place. Leah specializes in trade policy issues, such as the Section 232 tariffs on steel and aluminum, the Section 301 tariffs on imports from China and the EU, and the negotiation of trade. 2417(c)(1)), such tariffs will automatically expire after four years ( i.e. the office of the u.s. trade representative (ustr) posted on its website a notice announcing that representatives of domestic industries benefiting from the tariff actions in the section 301 investigation of china's acts, policies, and practices related to technology transfer, intellectual property, and innovation have requested continuation of On March 23, 2022 the USTR announced that the section 301 exclusions for 352 HTSUS codes would be reinstated through December 31, 2022. Now, the Second list of granted product exclusions is set to expire on March 25, 2020. Importers of goods that will now be subject to this tariff . 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