On July 10, 2018, the Trump Administration announced a list of proposed tariffs on $200 billion of Chinese goods pursuant to Section 301 of The U.S. Trade Act of 1974. The proposed products are potentially subject to a 10 percent ad valorem duty. The United States Trade Representative (USTR) has targeted products from the “Made in China 2025” sectors in response to China’s unfair practices and policies with respect to foreign, including U.S., technologies and intellectual property. Made in China 2025 is a strategic plan to make China a leader in a wide range of key global industries, such as advanced technologies, aerospace, and telecommunications, among others.
The list of proposed tariffs and the process for public notice and comment are provided in the Federal Register. USTR is providing an opportunity to submit comments on the proposed list, which should include a discussion of the potential harm to U.S. interests, the potential effectiveness of tariffs on the proposed products, and other relevant information. The important deadlines are as follows:
- July 27, 2018 – Due date for filing requests to appear and for filing pre-hearing submissions
- August 17, 2018 – Due date for the submission of written comments
- August 20-23, 2018 – Public Hearing
- August 30, 2018 – Due date for the submission of post-hearing rebuttal comments
At the conclusion of the public comment period and the public hearing, USTR will consult with federal agencies, such as the Department of Labor, Department of Commerce, and Department of Homeland Security, to determine the final list of products subject to the 10 percent ad valorem duty. There are no statutory timeframes for the publication of the final list, though USTR is expected to move as quickly as possible.
Fox Rothschild’s International Trade team is actively involved and prepared to assist companies that wish to participate in this process. Please contact Brittney Powell or Lizbeth Levinson for more information.