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15June 2018

Section 301 Action – Additional 25% Tariff List on Chinese Products

On April 3, 2018, under Section 301 of the Trade Act of 1974 the Office of the U.S. Trade Representative (“USTR”)  announced a proposed list of approximately 1,300 tariff lines subject to additional 25% tariff.  These additional tariffs were as a result of an investigation into “China’s unfair trade practices related to the forced transfer of U.S. technology and intellectual property.”

After this proposed list underwent extensive public comment, on June 15, 2018, the USTR:  (1) Removed 515 product lines from the initial proposed list (2): Recommended adding 284 product lines to target products that benefit from China’s industrial policies; and (3) Maintained 818 products lines from the initial proposed list unchanged.

With respect to the 818 products, the list of affected products may be found here.   The 25% additional tariff will come into effect on July 6, 2018.

With respect to the 284 product lines proposed, a public notice and comment period will take place.  Once completed, the USTR will issue a final determination on the products that would be subject to the additional duties.*

There are options for handling these additional tariffs:

1. Apply for an exclusion; or

2. Tariff Engineering.

There may be other options available based on the commodity being imported.  Best to contact an expert to discuss your specific matter.

*We will update this blog post based on those results.

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