Background

Importers and others will have an opportunity to plead their case for changes to the Section 301 tariffs on imports from China as part of the next phase of a review being conducted by the Office of the U.S. Trade Representative. ST&R can help your company prepare and submit comments on the hardships these tariffs have created.

The Section 301 tariffs would have expired this past summer but USTR announced in September that it had received numerous requests to continue them. USTR will next solicit, for a period beginning Nov. 15 and ending Jan. 17, 2023, comments on the following issues.

- the effectiveness of the tariffs in obtaining the elimination of, or counteracting, China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation

- other actions or modifications that would be more effective in achieving these objectives

- the effects of the tariffs on (1) the U.S. economy, including U.S. consumers, (2) domestic manufacturing, including in terms of capital investments, domestic capacity and production levels, industry concentrations, and profits, (3) U.S. technology, including in terms of U.S. technological leadership and development, (4) U.S. workers, including with respect to employment and wages, (5) U.S. small businesses, (6) U.S. supply chain resilience, and (7) the goals of U.S. critical supply chains outlined in Executive Order 14017 and in subsequent reports and findings

- whether the tariffs have resulted in higher additional duties on inputs used for manufacturing in the U.S. than the additional duties on particular downstream product(s) or finished good(s) incorporating those inputs

In the meantime, despite speculation for the better part of the year that the Biden administration was preparing to announce changes to the China tariffs, no such changes appear likely in the near term. Increasing tensions in the U.S.-China relationship and the rapidly approaching U.S. midterm elections are seen as the primary culprits.

As a result, efforts to ameliorate the impact of the tariffs are continuing.

- ST&R is assembling coalitions on housing affordability, the music industry, and children’s products to address USTR’s review and related issues (for more information, please contact Nicole Bivens Collinson at (202) 730-4956 or via email or Angela Marshall Hofmann at (202) 730-4957 or via email).

- ST&R is advocating for the renewal of all previously approved exclusions and the creation of a process allowing for new exclusion requests (for more information, please contact strdc@strtrade.com).

- There are a number of proven and legitimate ways to effectively avoid the tariffs or limit their impact (click here for more information).

- Importers of List 3 and 4A goods from China can still preserve their rights to possible refunds of tariffs paid on such goods by joining an ongoing court case (for more information, or assistance filing a claim, please contact us at 301Litigation@strtrade.com).

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