These markup elements allow the user to see how the document follows the On October 8, 2021, days after USTR Katherine Tai announced that her office would open a targeted tariff exclusion process, USTR published a Federal Register notice inviting public comment on whether and how long USTR should reinstate 549 product exclusions that were granted and subsequently extended. documents in the last year, by the Centers for Medicare & Medicaid Services electronic version on GPOs govinfo.gov. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. If the plaintiffs ultimately prevail in this litigation, it would mean an end to the Lists 3 and 4A tariffs (and significant refunds for the plaintiffs), but this outcome is uncertain. need. <>/Border[0 0 0]/C[0.0 0.0 1.0]/H/N/M(D:20220602231612Z)/P 4 0 R/Rect[45.0004 269.106 155.596 279.744]/Subtype/Link/Type/Annot>>
_pw}!>1CXG%zwY11Djt'BM2/,!5Y^ qXH^;Nf0N>.D6B.%Jf6?he ^I_O5~|0oFGa^n((O\/RM$-RQ*o-ghN5~gt).ug`};wK"+gHl_-dG?T$M s\Mz=@zZJe'r8eYc|zIH)6MU65P_0F! 07/21/2022, 328 The reinstated product exclusions announced in this notice will apply as of October 12, 2021, and extend through December 31, 2022. Indeed, Section 301 tariffs currently apply to most U.S. imports of products of Chinese origin. This document has been published in the Federal Register.
In particular, the reinstated exclusions will apply to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on October 12, 2021, that are not liquidated or to entries that are liquidated, but within the period for protest described in section 514 of the Tariff Act of 1930, as amended. The notice indicated that USTR would focus on evaluating whether, despite imposition of the Section 301 Tariffs, the particular product remains available only from China. Additionally, USTR would consider whether reinstating an exclusion would impact or result in severe economic harm to the commenter or other U.S. interests, or affect the goal of obtaining the elimination of Chinas problematic IP policies. Although USTR is not presently accepting requests for new product exclusions or considering reinstating the vast majority of previously granted product exclusions that were not extended (more than 75% of 2,200+ exclusions), it is possible that USTR could adopt a broader approach in the future, especially if there is pressure from Capitol Hill and the business community to expand eligibility for relief. the material on FederalRegister.gov is accurately displayed, consistent with You May Need to Pay Provisional SIMA Duties, CBSA initiates re-investigation of normal values of certain steel line pipe from Korea, Duty on U.S. imports of certain Russian origin goods to increase to 35 percent, Proposed amendments to the transportation of dangerous goods regulations, Canada finalizes ban of single-use plastics, effective December 20, 2022. Tariffs on List 4B have never taken effect. The United States could give up significant leverage if it removed all the Section 301 tariffs when China has not met its Phase One commitments, but the key need to slow inflation could offer a basis for lessening the tariffs while continuing to lean on China.
for better understanding how a document is structured but See John Veroneau is a Chambers-ranked international trade lawyer and co-chairs the firms International Trade Practice Group.
Information about this document as published in the Federal Register. offers a preview of documents scheduled to appear in the next day's on documents in the last year, by the Consumer Product Safety Commission &S-HkIBdVk>kHH]tQ5I}`TTzN Use the PDF linked in the document sidebar for the official electronic format. Get trade news delivered right to your inbox and manage what you get As stated in the October 8 notice, the reinstated exclusions are retroactive to October 12, 2021. _.$3@vk(?3o3-[%QwUD >;^vSmkNd@xa[Q^Tu) yy#d `[o fX?m Importers of qualifying goods should therefore act promptly to secure refunds. Innovation and Competition Act, which would require the USTR to open a new exclusion process. Having served in senior positions in both Executive and Legislative branches, he provides legal and strategic advice to clients on a broad range of international trade and other public policy matters. the current document as it appeared on Public Inspection on The U.S. Trade Representative subsequently extended 549 of these exclusions. He is currently helping clients develop and implement strategies with regard to the Trump Administrations recent trade actions, including pursuing country exemptions and product exclusions to the recent steel and aluminum tariffs imposed under Section 232, and product exclusions to the proposed Section 301 tariffs. A complete list of reinstated exclusions is available in the Annex to the March 28 Federal Register notice. Click "accept" below to confirm that you have read and understand this notice. Additional details for California consumers can be found here. No tariffs on List 4B currently are in effect. As with prior exclusion rounds, the reinstated exclusions apply to any product that meets the relevant product exclusion description and do not require the U.S. importer to have previously requested a product exclusion. Instead of vacating the tariff actions as the plaintiffs had requested, however, the court remanded the actions to the USTR and gave the USTR three months (until June 30) to further explain its justifications for its actions. The reinstated exclusions are a subset of a limited group of 549 exclusions that were previously extended and thus were eligible for possible reinstatement, and it remains unclear if and when a broader exclusion process might be forthcoming. For a list of the 81 extended COVID exclusions, please see our previous Trade News article: More Good News for U.S. Importers: China Section 301 COVID-Related Exclusions Again Extended. Each document posted on the site includes a link to the documents in the last year, 1041 1503 & 1507. 0`.dy.aZ Although the reinstated exclusions are set at the end of this calendar year, USTR remains open to "further extensions[,] as appropriate." The exclusions, which currently use HTS 9903.88.66, were set to expire May 31, but USTR said it will extend the 81 product exclusions until November 30, 2022. The notice can be found on USTRs website at, https://ustr.gov/sites/default/files/files/Press/Releases/COVIDExtensionsFRN.pdf, USTR Extends Section 301 Tariff Exclusions for COVID Products until November 30, 2022. In so doing, USTR reinstated more than half of previously available exclusions, covering a range of manufactured, mechanical and consumer goods.1 As noted in an earlier Holland & Knight alert, USTR weighed several factors in assessing whether to reinstate the exclusions, namely economic harm, impacts on small businesses, employment, manufacturing output, critical supply chains and the impact of the exclusions on the goal of eliminating China's harmful trade policies and practices. and services, go to Section 301 exclusions are available for use by all parties whose products meet the terms of the exclusiona party need not have requested the exclusion in order to benefit from it.
Office of the United States Trade Representative (USTR). e.g., on endobj Our International Trade & Regulatory Group provides an overview of ongoing U.S. tariff actions against China, including related challenges, political implications, and issues going forward. documents in the last year, by the Education Department Given the significant latitude that the statute affords the USTR in evaluating and taking action (or not taking action) in response to these comments, as well as the current political environment, there is little expectation that the USTR will sunset these tariffs. On October 8, 2021, the U.S. Trade Representative invited the public to comment on whether to reinstate particular exclusions previously granted and extended under the four tranches (the October 8 notice). Victor Ban is an associate in Covingtons Washington office who helps clients navigate complex disputes and international trade matters. on Unless or until an exclusion process is available, companies can also evaluate new sourcing options, confirm tariff classifications, and optimize valuation methodologies. y(W|5~B^vzlPd|=~,T>vu)U50
07/21/2022, 210 Covington: a unique capability to advise clients on public policy and governmental regulatory matters around the world. See Document page views are updated periodically throughout the day and are cumulative counts for this document. The fourth tranche is contained in Lists 4A and 4B. Starting in November 2019, the U.S. Trade Representative established processes for submitting public comments on whether to extend particular exclusions. Additionally, importers of qualifying Chinese-origin products will not need to pay additional tariffs through Dec. 31, 2022, so long as the proper paperwork is completed. on NARA's archives.gov. corresponding official PDF file on govinfo.gov. documents in the last year, 891 notices, the U.S. Trade Representative modified the action in the Section 301 investigation of China's acts, policies, and practices related to technology transfer, intellectual property, and innovation by excluding certain products from additional duties.
the official SGML-based PDF version on govinfo.gov, those relying on it for Open for Comment, Committee for Purchase From People Who Are Blind or Severely Disabled, Economic Sanctions & Foreign Assets Control, Endangered and Threatened Wildlife and Plants, National Committee on Foreign Medical Education and Accreditation, Disadvantaged Business and Airport Concession Enterprises, Safety Standard for Debris Penetration Hazards, Bolstering Efforts To Bring Hostages and Wrongfully Detained United States Nationals Home, Establishing an Emergency Board To Investigate Disputes Between Certain Railroads Represented by the National Carriers' Conference Committee of the National Railway Labor Conference and Their Employees Represented by Certain Labor Organizations, Trade Representative, Office of United States, Office of the United States Trade Representative, B. Importers not currently party to the litigation may still join the 4,000-plus plaintiff class, so long as they import/imported Chinese-origin products, appearing on the so-called Lists 3 and 4A, and have paid Section 301 duties thereon.
edition of the Federal Register. USTR also opened a process for submitting comments on whether to extend the duration of particular exclusions. While the court agreed with the plaintiffs that the matter is subject to judicial review, the court found that the USTR had not exceeded its authority in imposing the tariffs.
% These can be useful As a result of this litigation, the CIT reported a 1,546% increase in its caseload from 2019 to 2020.
With the exception of exclusions related to the COVID-19 pandemic, all of these 549 exclusions have expired. <>stream If you have any questions about how USTR's action may impact your business or Section 301 litigation, please reach out to the authors of this alert or another member of Holland & Knight's International Trade Group. daily Federal Register on FederalRegister.gov will remain an unofficial For each tranche, the U.S. Trade Representative established a process by which U.S. stakeholders could request the exclusion of particular products subject to the action. 4 0 obj The reinstated exclusions will apply retroactively as of Oct. 12, 2021, and extend through Dec. 31, 2022. While many importers see the opportunity to seek exclusions as essential, especially for inputs that they cannot obtain outside China, the USTR reportedly wrote to the Senate Democratic Caucus to express opposition to the Senates proposal to require a new Section 301 exclusion process, citing concern that exclusions would undermine the Administrations efforts to combat Chinas unfair trade practices. 'PGcOi~ (tRQ2@NHL,!=v. The U.S. Trade Representative (USTR) has extended, for the six months, the China Section 301 COVID exclusions which used Harmonized Tariff Schedule (HTS) number 9903.88.66. provide legal notice to the public or judicial notice to the courts. Any company with an interest in obtaining relief from Section 301 Tariffs should review the list of reinstated exclusions and determine whether any exclusions cover its imports. Jay Smith is of counsel in the Washington office. The Office of the U.S. Trade Representative (USTR) reinstated 352 product exclusions applicable to certain Chinese-origin goods subject to Section 301 tariffs in a notice published on March 28, 2022.
_pw}!>1CXG%zwY11Djt'BM2/,!5Y^ qXH^;Nf0N>.D6B.%Jf6?he ^I_O5~|0oFGa^n((O\/RM$-RQ*o-ghN5~gt).ug`};wK"+gHl_-dG?T$M s\Mz=@zZJe'r8eYc|zIH)6MU65P_0F! 07/21/2022, 328 The reinstated product exclusions announced in this notice will apply as of October 12, 2021, and extend through December 31, 2022. Indeed, Section 301 tariffs currently apply to most U.S. imports of products of Chinese origin. This document has been published in the Federal Register.
In particular, the reinstated exclusions will apply to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on October 12, 2021, that are not liquidated or to entries that are liquidated, but within the period for protest described in section 514 of the Tariff Act of 1930, as amended. The notice indicated that USTR would focus on evaluating whether, despite imposition of the Section 301 Tariffs, the particular product remains available only from China. Additionally, USTR would consider whether reinstating an exclusion would impact or result in severe economic harm to the commenter or other U.S. interests, or affect the goal of obtaining the elimination of Chinas problematic IP policies. Although USTR is not presently accepting requests for new product exclusions or considering reinstating the vast majority of previously granted product exclusions that were not extended (more than 75% of 2,200+ exclusions), it is possible that USTR could adopt a broader approach in the future, especially if there is pressure from Capitol Hill and the business community to expand eligibility for relief. the material on FederalRegister.gov is accurately displayed, consistent with You May Need to Pay Provisional SIMA Duties, CBSA initiates re-investigation of normal values of certain steel line pipe from Korea, Duty on U.S. imports of certain Russian origin goods to increase to 35 percent, Proposed amendments to the transportation of dangerous goods regulations, Canada finalizes ban of single-use plastics, effective December 20, 2022. Tariffs on List 4B have never taken effect. The United States could give up significant leverage if it removed all the Section 301 tariffs when China has not met its Phase One commitments, but the key need to slow inflation could offer a basis for lessening the tariffs while continuing to lean on China.
for better understanding how a document is structured but See John Veroneau is a Chambers-ranked international trade lawyer and co-chairs the firms International Trade Practice Group.
Information about this document as published in the Federal Register. offers a preview of documents scheduled to appear in the next day's on documents in the last year, by the Consumer Product Safety Commission &S-HkIBdVk>kHH]tQ5I}`TTzN Use the PDF linked in the document sidebar for the official electronic format. Get trade news delivered right to your inbox and manage what you get As stated in the October 8 notice, the reinstated exclusions are retroactive to October 12, 2021. _.$3@vk(?3o3-[%QwUD >;^vSmkNd@xa[Q^Tu) yy#d `[o fX?m Importers of qualifying goods should therefore act promptly to secure refunds. Innovation and Competition Act, which would require the USTR to open a new exclusion process. Having served in senior positions in both Executive and Legislative branches, he provides legal and strategic advice to clients on a broad range of international trade and other public policy matters. the current document as it appeared on Public Inspection on The U.S. Trade Representative subsequently extended 549 of these exclusions. He is currently helping clients develop and implement strategies with regard to the Trump Administrations recent trade actions, including pursuing country exemptions and product exclusions to the recent steel and aluminum tariffs imposed under Section 232, and product exclusions to the proposed Section 301 tariffs. A complete list of reinstated exclusions is available in the Annex to the March 28 Federal Register notice. Click "accept" below to confirm that you have read and understand this notice. Additional details for California consumers can be found here. No tariffs on List 4B currently are in effect. As with prior exclusion rounds, the reinstated exclusions apply to any product that meets the relevant product exclusion description and do not require the U.S. importer to have previously requested a product exclusion. Instead of vacating the tariff actions as the plaintiffs had requested, however, the court remanded the actions to the USTR and gave the USTR three months (until June 30) to further explain its justifications for its actions. The reinstated exclusions are a subset of a limited group of 549 exclusions that were previously extended and thus were eligible for possible reinstatement, and it remains unclear if and when a broader exclusion process might be forthcoming. For a list of the 81 extended COVID exclusions, please see our previous Trade News article: More Good News for U.S. Importers: China Section 301 COVID-Related Exclusions Again Extended. Each document posted on the site includes a link to the documents in the last year, 1041 1503 & 1507. 0`.dy.aZ Although the reinstated exclusions are set at the end of this calendar year, USTR remains open to "further extensions[,] as appropriate." The exclusions, which currently use HTS 9903.88.66, were set to expire May 31, but USTR said it will extend the 81 product exclusions until November 30, 2022. The notice can be found on USTRs website at, https://ustr.gov/sites/default/files/files/Press/Releases/COVIDExtensionsFRN.pdf, USTR Extends Section 301 Tariff Exclusions for COVID Products until November 30, 2022. In so doing, USTR reinstated more than half of previously available exclusions, covering a range of manufactured, mechanical and consumer goods.1 As noted in an earlier Holland & Knight alert, USTR weighed several factors in assessing whether to reinstate the exclusions, namely economic harm, impacts on small businesses, employment, manufacturing output, critical supply chains and the impact of the exclusions on the goal of eliminating China's harmful trade policies and practices. and services, go to Section 301 exclusions are available for use by all parties whose products meet the terms of the exclusiona party need not have requested the exclusion in order to benefit from it.
Office of the United States Trade Representative (USTR). e.g., on endobj Our International Trade & Regulatory Group provides an overview of ongoing U.S. tariff actions against China, including related challenges, political implications, and issues going forward. documents in the last year, by the Education Department Given the significant latitude that the statute affords the USTR in evaluating and taking action (or not taking action) in response to these comments, as well as the current political environment, there is little expectation that the USTR will sunset these tariffs. On October 8, 2021, the U.S. Trade Representative invited the public to comment on whether to reinstate particular exclusions previously granted and extended under the four tranches (the October 8 notice). Victor Ban is an associate in Covingtons Washington office who helps clients navigate complex disputes and international trade matters. on Unless or until an exclusion process is available, companies can also evaluate new sourcing options, confirm tariff classifications, and optimize valuation methodologies. y(W|5~B^vzlPd|=~,T>vu)U50
07/21/2022, 210 Covington: a unique capability to advise clients on public policy and governmental regulatory matters around the world. See Document page views are updated periodically throughout the day and are cumulative counts for this document. The fourth tranche is contained in Lists 4A and 4B. Starting in November 2019, the U.S. Trade Representative established processes for submitting public comments on whether to extend particular exclusions. Additionally, importers of qualifying Chinese-origin products will not need to pay additional tariffs through Dec. 31, 2022, so long as the proper paperwork is completed. on NARA's archives.gov. corresponding official PDF file on govinfo.gov. documents in the last year, 891 notices, the U.S. Trade Representative modified the action in the Section 301 investigation of China's acts, policies, and practices related to technology transfer, intellectual property, and innovation by excluding certain products from additional duties.
the official SGML-based PDF version on govinfo.gov, those relying on it for Open for Comment, Committee for Purchase From People Who Are Blind or Severely Disabled, Economic Sanctions & Foreign Assets Control, Endangered and Threatened Wildlife and Plants, National Committee on Foreign Medical Education and Accreditation, Disadvantaged Business and Airport Concession Enterprises, Safety Standard for Debris Penetration Hazards, Bolstering Efforts To Bring Hostages and Wrongfully Detained United States Nationals Home, Establishing an Emergency Board To Investigate Disputes Between Certain Railroads Represented by the National Carriers' Conference Committee of the National Railway Labor Conference and Their Employees Represented by Certain Labor Organizations, Trade Representative, Office of United States, Office of the United States Trade Representative, B. Importers not currently party to the litigation may still join the 4,000-plus plaintiff class, so long as they import/imported Chinese-origin products, appearing on the so-called Lists 3 and 4A, and have paid Section 301 duties thereon.
edition of the Federal Register. USTR also opened a process for submitting comments on whether to extend the duration of particular exclusions. While the court agreed with the plaintiffs that the matter is subject to judicial review, the court found that the USTR had not exceeded its authority in imposing the tariffs.
% These can be useful As a result of this litigation, the CIT reported a 1,546% increase in its caseload from 2019 to 2020.
With the exception of exclusions related to the COVID-19 pandemic, all of these 549 exclusions have expired. <>stream If you have any questions about how USTR's action may impact your business or Section 301 litigation, please reach out to the authors of this alert or another member of Holland & Knight's International Trade Group. daily Federal Register on FederalRegister.gov will remain an unofficial For each tranche, the U.S. Trade Representative established a process by which U.S. stakeholders could request the exclusion of particular products subject to the action. 4 0 obj The reinstated exclusions will apply retroactively as of Oct. 12, 2021, and extend through Dec. 31, 2022. While many importers see the opportunity to seek exclusions as essential, especially for inputs that they cannot obtain outside China, the USTR reportedly wrote to the Senate Democratic Caucus to express opposition to the Senates proposal to require a new Section 301 exclusion process, citing concern that exclusions would undermine the Administrations efforts to combat Chinas unfair trade practices. 'PGcOi~ (tRQ2@NHL,!=v. The U.S. Trade Representative (USTR) has extended, for the six months, the China Section 301 COVID exclusions which used Harmonized Tariff Schedule (HTS) number 9903.88.66. provide legal notice to the public or judicial notice to the courts. Any company with an interest in obtaining relief from Section 301 Tariffs should review the list of reinstated exclusions and determine whether any exclusions cover its imports. Jay Smith is of counsel in the Washington office. The Office of the U.S. Trade Representative (USTR) reinstated 352 product exclusions applicable to certain Chinese-origin goods subject to Section 301 tariffs in a notice published on March 28, 2022.