United States: US Trade Representative Publishes Fourth List Of Chinese Products Subject To Section 301 Tariffs

Last Updated: August 21 2019
Article by Richard Newcomb, Sandra Lee Bell, Martin Schaefermeier and Amadi Anene

The United States Trade Representative (USTR) has announced the fourth list of Chinese products that will be subject to an additional 10 percent tariff under Section 301 of the Trade Act of 1974.1 The USTR split the list into two parts – List 4A and List 4B. For articles on List 4A, the 10 percent tariff will go into effect on September 1, 2019. For articles on List 4B, the 10 percent tariff will go into effect on December 15, 2019. List 4A includes products for which China supplied less than 75 percent of total US imports in 2018.2 List 4B contains products for which China supplied 75 percent or more of total US imports in 2018.

Items subject, and not subject, to List 4

List 4A consists of about 3,230 Harmonized Tariff Schedule of the United States (HTSUS) subheadings, including many iron and steel products, telecommunications equipment, consumer electronics, motor vehicle products, agricultural items (such as beef and pork), beverages, chemicals, glasses, tableware, tablecloths, blankets, bed linens, blinds, clothing in chapters 6101 through 6117, clothing in chapters 6201 through 6217, footwear in chapters 6401 through 6406, and other items. List 4A, with the articles subject to the 10 percent tariff starting September 1, 2019, can be found on the USTR website.

List 4B consists of about 540 HTSUS subheadings, including clothes, toys, and electronics (such as cell phones and laptop computers). List 4B also includes certain chemicals, foods, camping gear, blankets, baby items, small appliances, watches, sports equipment, and clocks. List 4B, with articles subject to the 10 percent tariff starting December 15, 2019, is also available on the USTR website.

Notably, the USTR explained that out of the 3,805 full and partial HTSUS subheadings included in the proposed List 4,3 certain subheadings have been removed entirely from the final list and, thus, will not be subject to the additional 10 percent Section 301 tariff. The removed items include child car seats, shipping containers, cranes used to unload shipping containers, certain fish generally caught in US waters but processed in China, bibles, and some chemicals. The USTR cited health, safety, and national security concerns as the reasons why these subheadings were removed. However, the USTR itself did not identify the specific HTSUS subheadings that were removed.

Possible mitigation

Companies affected by the tariff imposed on articles included in List 4 may still take action to mitigate the impact of the duties upon their businesses. Such mitigation strategies can include reviewing proper tariff classification and country of origin, ensuring that the declared value is not overstated, and taking advantage of specialized Chapter 98 HTSUS classifications.4

In addition, the USTR has stated that an exclusion process will be provided for goods on Lists 4A and 4B. Thus, companies will be able to seek the removal of specific products from the imposition of the additional duties. Previously, USTR has established exclusion processes for the first three lists of Chinese products subject to Section 301 duties. Like the exclusions granted under the prior processes, we expect that the exclusions for articles on List 4 will be granted retroactively to the date of original imposition of the duties.

DLA Piper attorneys have extensive experience in advising clients on strategies to minimize their exposure to additional duties resulting from the new tariffs as well as in assisting clients with preparing and submitting exclusion requests. If you have any questions or would like to discuss your company's situation, please contact DLA Piper.


1 See Section 301 of the Trade Act of 1974, 19 U.S.C. § 2411, as amended. See also Deadline approaching fast for fourth set of Section 301 tariffs, DLA Piper International Trade Alert issued on May 5, 2019.

2 See Notice of Modification of Section 301 Action: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, issued by the Office of the United States Trade Representative (USTR) on August 14, 2019.

3 See Request for Comments Concerning Proposed Modification of Action Pursuant to Section 301: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 85 Fed. Reg. 22564, May 17, 2019.

4 See Section 301 Additional Tariffs on Imports of Chinese Products: Options for High Tech Manufacturing Companies, DLA Piper International Trade Alert issued on October 3, 2018, for a discussion of additional options available to minimize the impact of the Section 301 duties.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions