The Office of the United States Trade Representative ("USTR") is conducting a review of the China Section 301 tariffs that were put into place in 2018 under the Trump administration.
The USTR is required to review its tariffs every four years pursuant to Section 307(c) of the Trade Act of 1974 ("Trade Act").1 A notice in May of this year called for input from domestic industries that would benefit from the continuation of the tariffs.2
Now, according to an announcement made on October 12, 2022, the USTR is opening a docket for the submission of comments related to the effectiveness of the tariffs and their potential negative economic impacts.
The USTR will be accepting these comments through the USTR portal from November 15, 2022, to January 17, 2023. Comments should focus on the effectiveness of the tariffs in "achieving the objectives" of section 301, whether there are other actions that could be taken, and the effects of the tariffs "on the United States economy, including consumers."
In addition, the announcement provides a list of specific points that are open for commentary, including the effect the tariffs have on small businesses, their effectiveness in counteracting China's policies on technological innovation and intellectual property, and whether the tariffs have influenced U.S. supply chain resilience. The USTR has also posted a corresponding list of questions that comment submissions should seek to address. Note that comment submissions will be posted for public inspection, but Business Confidential Information ("BCI") can also be submitted through the USTR portal and will not be available for viewing by the public.
The Section 301 tariffs on China are expansive, covering more than $300 billion in annual trade, and drawing differing views from U.S. officials regarding their overall effectiveness.3 Thus, companies feeling the effects of these tariffs should take advantage of this important opportunity to have their positions heard and taken under consideration by the USTR.
If you are interested in submitting comments during the submission period, please feel free to contact the attorneys at Torres Trade Law, PLLC, for assistance with comment preparation and submission.
Footnotes
1. 19 U.S.C. § 2417(c)
2. See USTR Issues Notice Regarding Statutory Four-Year Review of China 301 Tariffs, USTR Press Release (May 3, 2022), available at https://ustr.gov/about-us/policy-offices/press-office/press-releases/2022/may/ustr-issues-notice-regarding-statutory-four-year-review-china-301-tariffs.
3. See Andrea Shalal, Yellen Says Lowering U.S. Tariffs on Chinese Goods 'Worth Considering', Reuters (Apr. 22, 2022), https://www.reuters.com/business/yellen-says-lowering-us-tariffs-chinese-goods-worth-considering-2022-04-22/.
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