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Section 301 Tariffs on China
New!

Section 301 Investigation of France

Section 232 Tariffs on Steel & Aluminum
New!

Section 232 Investigation of Automobiles & Auto Parts

Section 232 Investigation of Uranium

Section 232 Investigation of Titanium Sponge

Section 232 Investigation of Transformer Components
New!

Section 232 Investigation of Mobile Cranes
New!

Tariffs on the EU - Airbus Dispute

Tariffs on Mexico

U.S. Legislation that Could Affect Section 232 & Section 301 Tariffs

Retaliatory Actions

Contact

Nicole Bivens Collinson
President, International Trade & Government Relations
nbc@strtrade.com
202.730.4956

Kristen Smith
Trade Remedies Practice Leader
ksmith@strtrade.com
202.730.4965

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Tariff Actions Resource Page

Updated May 29, 2020

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This page features information, deadlines and resource documents on the various U.S. tariff actions and the responses by the rest of the world.

The "U.S. Actions" section includes information on the Section 301 investigations of China and  France, and the Section 232 investigations of steel and aluminum, automobiles and auto parts, and uranium. It also includes information on the tariffs on the EU related to the Airbus dispute, and the threatened tariffs on Mexico.  In the "Retaliatory Actions" section, find lists of all affected products. 

If you'd like an ST&R professional to narrow down the information to what's relevant and actionable for your company, don't hesitate to contact us.

U.S. Actions: Section 301 Tariffs, Section 232 Tariffs

Section 301 Tariffs on China

A Section 301 investigation determined that China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation are unreasonable and discriminatory. 

On January 15, 2020, the United States and China signed a Phase One Economic and Trade Agreement. Under the Phase One deal, the U.S. has suspended some tariff increases (List 4B) and will roll back others (List 4A) in return for what the White House calls "structural reforms and other changes to China's economic and trade regime." Find full details of the Phase One Agreement on USTR's website.

Product Lists

Please note we are unable to provide the below lists in Excel.

Every attempt has been made to ensure the accuracy of these lists. However, we recommend that you contact us with issues or questions and that you refer to the original Federal Register notices or CSMS messages for official information.

Please note we are unable to provide the above lists in Excel.

Upcoming Exclusion Request Dates

Exclusion extensions are being reviewed on the below schedule. Contact us for assistance in seeking an exclusion extension.

Item

Date

Public comment period on extending the List 1 July 2019 exclusions May 1 - June 1, 2020
Public comment period on extending the List 2 July 2019 exclusions May 1 - June 1, 2020
Public comment opens on extending almost all List 3 exclusions May 1 - June 8, 2020
Public comment closes on reducing duty on additional medical-care products related to  COVID-19. June 25, 2020
(may be extended)

Please note that the public comment period on extending the List 1 exclusions released in December 2018 and March, April, May and June 2019 is closed. 

COVID-19 Special Exclusions
New! In March 2020, a Federal Register notice was released requesting public comment on possible further modifications to remove duties from medical care products needed to address the COVID-19 outbreak. Comments will be accepted at least until June 25, 2020. 

Section 301 Tariff: List 4A & List 4B 
On January 15, 2020, USTR issued a Federal Register notice reducing the rate of additional tariffs on List 4A products to 7.5%, effective February 14, 2020. Goods on List 4A were previously subject to a 15% additional tariff effective Sept. 1, 2019. List 4 goods have a cumulative import value of $300 billion.

The 15% tariffs on List 4B are suspended, per a Federal Register notice issued 12/13/19.

New! The exclusion process for items on List 4A is now closed. USTR granted exclusions in March and May 2020, some of which are product specific and others that cover entire subheadings.

ST&R has extensive experience assisting companies with mitigating the impact of this tariff increase through tariff classification, tariff engineering, first sale, and other methods. Contact us for assistance.

Section 301 Tariff: List 3
List 3 products, with a total import value of $200 billion, are subject to an additional 25% tariff as of 5/10/19. List 3 products originally faced a 10% tariff which was effective from 9/24/18 until they were increased to 25%. The additional tariff on List 3 products is not affected by the Phase 1 deal and will remain at 25%. 

The exclusion process for List 3 products is closed, and all exclusion requests have been reviewed as of May 28, 2020. Some of the exclusions granted by USTR are product specific and others cover entire subheadings. All exclusions granted will be retroactive to Sept. 24, 2018, and expire August 7, 2020. 

New! Public comment for extending granted exclusions opened May 1, 2020 and will close June 8, 2020. 

ST&R has extensive experience assisting companies with exclusion requests and extension of exclusion requests. We also have experience mitigating the impact of this tariff increase through tariff classification, tariff engineering, first sale, and other methods. Contact us for assistance.

Section 301 Tariff: List 2
List 2 products, with a total import value of $16 billion, are subject to an additional 25% tariff as of Aug. 23, 2018. The additional tariff on List 2 products is not affected by the Phase 1 deal and will remain at 25%. 

All exclusion requests from List 2 have been reviewed as of October 3, 2019. All of the exclusions granted by USTR are product specific and retroactive to Aug. 23, 2018. They will remain in place for one year after the exclusion determination is published in the Federal Register.

The first set of List 2 exclusions will expire July 31, 2020. USTR is accepting public comment between May 1 and June 1 on extending those exclusions for another year. 

ST&R has extensive experience assisting companies with mitigating the impact of this tariff increase through tariff classification, tariff engineering, first sale, and other methods. Contact us for assistance.

Section 301 Tariff: List 1
List 1 products, with a total import value of $34 billion, were subject to an additional 25% tariff as of July 19, 2018. The additional tariff on List 1 products is not affected by the Phase 1 deal and will remain at 25%. 

All exclusion requests from List 1 have been reviewed. Some exclusions granted by USTR are product specific and others cover entire subheadings. All exclusions granted are retroactive to July 6, 2018, and remain in place for one year after the exclusion determination is published in the Federal Register.

Some exclusions have been extended for the first (Dec 2018 - Dec 2019), second (March 2019 - March 2020), third (April 2019 - April 2020), fourth (May 2019 - May 2020) and fifth (June 2019 - June 2020) sets of exclusions released.

The sixth set of List 1 exclusions will expire July 9, 2020. USTR is accepting public comment between May 1 and June 1 on extending those exclusions for another year. 

ST&R has extensive experience assisting companies with exclusion requests as well as mitigating the impact of this tariff increase through tariff classification, tariff engineering, first sale, and other methods. Contact us for assistance.

Exclusion Requests 

Official Documents

List 4 

List 3 

List 2 

List 1 

Other

Section 301 Investigation of France's Digital Services Tax

On July 10, 2019, USTR initiated an investigation with respect to the Digital Services Tax (DST) under consideration by France. On December 2, 2019, USTR completed the first segment of its investigation and produced a report concluding that France's Digital Services Tax is unreasonable, discriminatory, and burdens U.S. commerce.

USTR is proposing additional duties of up to 100 percent on certain French products, and the option of imposing fees or restrictions on French services. It is unclear when these measures may take effect. They have issued a Federal Register notice soliciting comments on the proposed action. The products subject to potential duties are listed in the Annex to the Federal Register notice and on the below product list.

In late January 2020, France agreed to suspend imposition of its Digital Services Tax until the end of 2020 in order to avoid increased tariffs from the U.S. government. The U.S. and France are working on broader negotiations around international taxation during this period.

Product List

Please note we are unable to provide this list in Excel.

Every attempt has been made to ensure the accuracy of this list. However, we recommend that you contact us with issues or questions and that you refer to the original Federal Register notice or CSMS messages for official information.

Official Documents

Dates & Deadlines

USTR initiates the investigation July 10. 2019
Deadline for filing requests to appear at the public hearing August 12, 2019, noon EDT
Public hearing August 19, 2019
Deadline for filing post-hearing submissions August 26, 2019
Deadline for requests to appear at the public hearing and a summary of testimony December 30, 2019
Due date for written comments January 6, 2020
Public hearing re: Section 301 action January 7, 2020
Due date for submission of post-hearing rebuttal comments January 14, 2020
Additional duty effective on tariffed products TBD


Section 232 Tariffs on Steel & Aluminum

Effective June 1, 2018, additional tariffs of 25 percent and 10 percent on steel and aluminum imports were imposed for almost all countries. As of May 20, 2019, steel and aluminum products from Canada and Mexico are not subject to the additional tariffs. The following products are covered by these proclamations. 

New! The Bureau of Industry and Security is seeking comments by July 10 on its administration of, as well as potential revisions to, the process for obtaining exclusions from the Section 232 tariffs and quotas on imported steel and aluminum articles. ST&R has extensive experience in seeking exclusions and submitting comments. For assistance, please contact Kristen Smith at (202) 730-4965. 

According to a January 24, 2020 Presidential Proclamation, the tariffs imposed on steel and aluminum will now also apply to the derivatives of aluminum articles and steel articles described in Annex I and Annex II. The additional tariff will be effective February 8, 2020. It will apply to aluminum derivatives from all countries except Argentina, Australia, Canada, and Mexico and steel derivatives from all countries except Argentina, Australia, Brazil, Canada, Mexico and South Korea. 

Countries and/or companies negatively impacted by these additional tariffs can petition for an exclusion. For assistance in this effort, please contact Kristen Smith at (202) 730-4965. 

Exclusion Request Forms

Official Documents

Section 232 Investigation of Automobiles & Auto Parts

There are currently no tariffs on automobiles or auto parts, and no plans to implement them.

The Department of Commerce announced May 23, 2018 its self-initiation of an investigation under section 232 of the Trade Expansion Act of 1962 to determine whether imports of automobiles (including SUVs, vans, and light trucks) and auto parts are harming U.S. national security.

The results of the investigation were submitted to President Trump on February 17, 2019. On May 17, 2019, President Trump announced that he would delay a decision for 180 days, making the new deadline November 13, 2019. The Trump Administration missed the November deadline.  

The US has been holding talks with the European Union, Japan, and possibly others that will likely seek to reduce imports from those countries. According to the May 17 proclamation, the DOC determined that U.S.-owned auto producers’ share of the domestic and global markets has fallen sharply in recent decades, which decreases the sales revenues that enable the research and development expenditures necessary for long-term automotive technological superiority, which in turn is essential for national defense. 

Section 232 Investigation of Uranium

President Trump will not impose tariffs or quotas on uranium imports.

The Department of Commerce announced July 18, 2018 its self-initiation of an investigation under section 232 of the Trade Expansion Act of 1962 to determine whether the present quantity and circumstances of uranium ore and product imports threaten to impair U.S. national security. In April 2019, the department determined that imports of uranium are threatening U.S. national security. 

However, a July 12, 2019 presidential memorandum states that while the report's findings "raise significant concerns...a fuller analysis of national security considerations with respect to the entire nuclear fuel supply chain is necessary at this time." To that end, the memorandum establishes the United States Nuclear Fuel Working Group, but declines to adjust imports through tariffs and quotas.

Official documents

Section 232 Investigation of Titanium Sponge

President Trump will not impose tariffs or quotas on titanium sponge imports.

The Department of Commerce announced March 4, 2019 its initiation of an investigation under section 232 of the Trade Expansion Act of 1962 into whether the quantity or circumstances of titanium sponge imports into the U.S. threaten to impair national security. This investigation was launched in response to a petition filed by domestic producer Titanium Metals Corporation. In November 2019, the department determined that imports of titanium sponge are threatening to impair national security. 

However, a February 27, 2020 presidential memorandum states that actions to adjust imports will not be taken at this time. Instead, a working group will be formed to agree upon measures to ensure US access to titanium sponge for use for national defense or in the event of an emergency. Additionally, the Secretary of Defense will take appropriate action to increase access to titanium sponge and support domestic production capacity of same. 

Official documents

Section 232 Investigation of Transformer Components

The Department of Commerce announced May 5, 2020 its initiation of an investigation under section 232 of the Trade Expansion Act of 1962 to determine whether U.S. national security is being harmed by imports of laminations for stacked cores for incorporation into transformers, stacked and wound cores for incorporation into transformers, electrical transformers, and transformer regulators.

If the DOC (which must consult with the Department of Defense) finds that excessive imports of these goods are a threat to U.S. national security, and the president concurs, the president has the authority to adjust imports, including through the use of tariffs and quotas. Any such actions would be imposed within 15 days of the president’s determination to act.

The DOC has up to 270 days to conclude a section 232 investigation and submit its report and recommendations to the president. Interested parties may submit written comments, data, analysis or other information to the DOC by June 9, 2020. Rebuttal comments are due by June 19, 2020.

For more information on this section 232 investigation and how it may affect your business, please contact trade attorney Kristen Smith at (202) 730-4965.

Official Documents

Section 232 Investigation of Mobile Cranes

The Department of Commerce announced May 19 that it has initiated a Section 232 investigation to determine whether U.S. national security is being harmed by imports of mobile cranes.  

If the DOC (which must consult with the Department of Defense) finds that excessive imports of mobile cranes are a threat to U.S. national security, and the president concurs, the president has the authority to adjust imports, including through the use of tariffs and quotas. Any such actions would be imposed within 15 days of the president’s determination to act.

The DOC has up to 270 days to conclude a section 232 investigation and submit its report and recommendations to the president. Interested parties may submit written comments, data, analysis or other information to the DOC by July 10, 2020. Rebuttal comments are due by August 10, 2020. 

For more information on this section 232 investigation and how it may affect your business, please contact trade attorney Kristen Smith at (202) 730-4965.

Official Documents

Tariffs on the EU - Aircraft Dispute 

On October 2, 2019, the U.S. announced that it will impose additional tariffs of 25 percent on more than 150 products imported from European Union countries, as well as an additional 10 percent tariff on new aircraft from France, Germany, Spain and the United Kingdom, effective October 18, 2019.

In February 2020, the U.S. modified the tariffs. Additional products were added to the tariffed list, effective March 5, 2020. Also, the tariff on new aircraft from France, Germany, Spain and the United Kingdom was increased to 15 percent beginning March 18, 2020. The final list of products affected can be found here.

The additional tariffs come after a World Trade Organization arbitrator determined that the U.S. may impose up to $7.5 billion annually in countermeasures against the EU due to its failure to fully comply with a previous WTO ruling against subsidies it provided to aircraft manufacturer Airbus.

Importers with goods on this list should consider taking proactive measures to mitigate the impact of the tariff increase. For assistance in this effort, please contact Kristen Smith at (202) 730-4965.

The EU has published their own preliminary list of U.S. products on which the EU could impose additional tariffs of up to 100 percent as part of this dispute, which you can find here and in the Retaliatory Actions section below.

Product Lists

Official Documents


Dates & Deadlines

Item

Date

Due date for submission of requests to appear at the public hearing and summary of testimony
(Products on April 2019 notice)

May 6, 2019

Section 301 Committee Public Hearing 
(Products on April 2019 notice)
May 15, 2019
Due date for submission of written comments, including post-hearing rebuttal comments
(Products on April 2019 notice)
May 28, 2019
Due date for submission of requests to appear at the public hearing and summary of testimony
(Products on July 2019 notice)
July 24, 2019
Due date for submission of written comments, including post-hearing rebuttal comments
(Products on July 2019 notice)
August 5, 2019
Section 301 Committee Public Hearing 
(Products on July 2019 notice)
August 5, 2019
Due date for post-hearing rebuttal comments
(Products on July 2019 notice)
August 12, 2019
WTO rules that U.S. can impose an up to $7.5 billion in annual countermeasures October 2, 2019
Additional tariffs go into effect October 18, 2019
Due date for submissions of comments on increasing duty rates and expanding list of tariffed goods. January 13, 2020
Changes to the products subject to additional 25% duties take effect March 5, 2020
Tariff on specified aircraft increase to an additional 15% March 18, 2020

Tariffs on Mexico (indefinitely suspended)

No additional tariffs related to border security are in effect or are currently scheduled to go into effect.

On May 30, 2019, in an effort to push Mexico to address immigration issues, the White House announced that a 5% tariff would be imposed on goods from Mexico effective June 10, with the rate increasing by 5% each month, up to 25%.  On June 7, 2019,  President Trump announced that the tariff was "indefinitely suspended" in light of a bilateral agreement to work toward a "durable solution" on "irregular migration" from Mexico to the U.S. 

U.S. Legislation that Could Affect Section 232 & Section 301 Tariffs

Companies interested in supporting any or all of the below legislation should contact Nicole Bivens Collinson by email or at (202) 730-4956.  

Name Description Senate House

Global Trade Accountability Act of 2019

To provide for congressional review of the imposition of duties and other trade measures by the executive branch, and for other purposes.  S.1284 H.R.273

Import Tax Relief Act of 2019

To require the establishment of a process for excluding articles imported from the People’s Republic of China from certain duties imposed under section 301 of the Trade Act of 1974, and for other purposes. S.577   H.R.1452

Bicameral Congressional Trade Authority Act of 2019

To amend the Trade Expansion Act of 1962 (Section 232) to impose limitations on the authority of the President to adjust imports that are determined to threaten to impair national security, and for other purposes. S.287 H.R.940

Trade Security Act of 2019

To amend section 232 of the Trade Expansion Act of 1962 to require the Secretary of Defense to initiate investigations and to provide for congressional disapproval of certain actions, and for other purposes. S.365 H.R.1008

Reclaiming Congressional Trade Authority Act 2019

To limit the authority of the President to modify duty rates for national security reasons (Section 232) and to limit the authority of the United States Trade Representative to impose certain duties or import restrictions, and for other purposes. S.899 H.R.3477

To prohibit the imposition of duties on the importation of goods under the International Emergency Economic Powers Act

Legislation has been introduced in the House to limit the President's ability to impose duties under the IEEPA. The IEEPA was the act invoked for the proposed tariffs on Mexico in June 2019. No Senate Bill H.R.3557

Promoting Responsible and Free Trade Act of 2019

To require congressional approval of certain trade remedies, and for other purposes. No Senate Bill H.R.3673

Trade Certainty Act of 2019

To exclude the imposition of duties and import quotas from the authorities provided to the President under the International Emergency Economic Powers Act. S___ No House Bill

Establishing exclusions from section 301 & section 232 duties

To establish a process for United States businesses to obtain exclusions from certain duties imposed under section 301 of the Trade Act of 1974 and section 232 of the Trade Expansion Act of 1962, and for other purposes S.2362 No House Bill Yet


Retaliatory Actions

The U.S. faces retaliatory actions from China, the EU, India, Turkey and Russia. Find affected products by viewing our Mega Matrix.

Prior to May 20, 2019, the U.S. faced retaliatory actions from Canada and Mexico in addition the countries named above. However, all retaliatory tariffs from Canada and Mexico have now been eliminated.

China Tariff Exclusions

China has announced the below exclusions from tariffs. Contact us for more information about China's exclusion process.

Date Announced

Effective

May 12, 2020 Exclusions

May 19, 2020 - May 18, 2021
December 19, 2019 Exclusions December 26, 2019 - December 25, 2020
September 11, 2019 Exclusions September 17, 2019 - September 16, 2020

List of Retaliatory Tariffs

Click the list name below to view products by country along with tariff rates.

Every attempt has been made to ensure the accuracy of these lists. However, we recommend that you contact us with issues or questions and that you refer to the official notices.

Country / Region

Product List

Effective Date

China

232 Retaliation List

April 2, 2018

China

301 Retaliation List One
Released June 16, 2018

July 6, 2018

Duties on autos and auto parts on this list suspended as of December 15, 2019 as part of Phase 1 deal

Exclusion requests accepted June 3, 2019 - July 5, 2019

China


301 Retaliation List Two, Version 2
Originally Released June 16, 2019.
Amended August 8, 2018

August 23, 2018

Duties on autos and auto parts on this list suspended as of December 15, 2019 as part of Phase 1 deal

Exclusion requests accepted June 3, 2019 - July 5, 2019

China

301 Retaliation List 3.1


301 Retaliation List 3.2


301 Retaliation List 3.3


301 Retaliation list 3.4


Released August 3, 2018
Finalized Sept. 17, 2018
Amended May 13, 2019

September 24, 2018

Exclusion requests accepted between September 2, 2019 - October 18, 2019

China

301 Retaliation List In Response to US List 4A


301 Retaliation List In Response to US List 4B

Released August 23, 2019

Duties on autos and auto parts on these lists suspended as of December 15, 2019 as part of Phase 1 deal

List 4A: Effective September 1, 2019. Tariffs halved February 14, 2020

List 4B: This list is suspended. (originally effective December 15, 2019) Note: HS numbers from this list also appear in other lists where the additional tariff remains.

EU

232 Retaliation List One

June 22, 2018

EU

232 Retaliation List Two

March 23, 2021

EU

232 Derivative Retaliation List 1

May 8, 2020 and February 8, 2023

EU

301 Airbus Retaliation

Released April 17, 2019

TBD - level of damages depends on WTO arbitration verdict expected in late 2019 or early 2020.

India

232 Retaliation List

June 16, 2019
(previously 6/21/2018, 9/18/2018, 11/2/2018, 12/17/2018, 3/2/2019 & 4/1/2019)

Turkey

232 Retaliation List
Certain Duties Doubled as of August 15, 2018

June 21, 2018

Russia

232 Retaliation List

August 5, 2018

Customs & International Headlines