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USTR Finalizes Second Tranche of Additional Tariffs on Chinese Products

Thursday, August 09, 2018
Sandler, Travis & Rosenberg Trade Report

The Office of the U.S. Trade Representative has finalized a proposal to extend the 25 percent tariff that the U.S. imposed July 6 on $34 billion worth of Chinese goods to an additional $16 billion worth of imports from China. U.S. Customs and Border Protection will begin collecting additional duties on these products Aug. 23.

The final list (available here) contains 279 of the original 284 tariff lines that were included in the June proposal, reflecting the removal of the following items. Sandler, Travis & Rosenberg submitted the product exclusion requests for two of the five items that were removed.

- HTSUS 3913.10.00 – alginic acid and its salts and esters in primary forms

- HTSUS 8465.96.00 – splitting, slicing, or paring machines for working wood, cork, bone, hard rubber, hard plastics, or similar hard materials

- HTSUS 8609.00.00 – containers (including containers for transport of fluids) specially designed and equipped for carriage by one or more modes of transport

- HTSUS 8905.90.10 – floating docks

- HTSUS 9027.90.20 – microtomes

Many of the products included in the final list are classified in Chapters 39, 84, and 85, but various products in Chapters 27, 34, 38, 70, 73, 76, 86, 87, 89, and 90 are also included. Changes to the list were made after USTR and the interagency Section 301 Committee sought and received input and testimony during a two-day public hearing last month.

According to USTR, a formal notice of the $16 billion tariff action will be published shortly in the Federal Register. As in the case of the first tranche of additional tariffs, the notice will announce a process by which interested parties may request the exclusion of particular products covered by a tariff line subject to the additional duties.

Once this action enters into force, the U.S. will have imposed additional duties on some $50 billion worth of imports from China after a Section 301 investigation determined that China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation are unreasonable and discriminatory. In addition, a separate proposal currently under consideration would establish an additional tariff of up to 25 percent on $200 billion worth of goods from China.

Beijing has vowed to impose additional duties of its own in retaliation for each of these actions. In response to the most recent U.S. tariff measure, China has announced retaliatory tariffs on $16 billion worth of U.S. products spanning 333 tariff lines. These tariffs will also enter into force Aug. 23.  

Click here for ST&R’s web page providing comprehensive information on all U.S. tariffs imposed under Section 301 and Section 232 as well as the retaliatory tariffs trading partners are levying on U.S. goods. If you think you might be negatively impacted by these tariffs, please contact Nicole Bivens Collinson at (202) 730-4956 or Kristen Smith at (202) 730-4965 to review the lists and discuss options, alternatives, and actions that might be pursued to protect your interests.

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