U.S. Trade Representative (USTR) proposing changes to the Section 301 Tariffs on certain imports from China

Maynard Nexsen
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Maynard Nexsen

The U.S. Trade Representative (USTR) is proposing changes to the Section 301 Tariffs on certain imports from China and the public has until Friday, June 28, 2024 at 11:59 PM EST to comment. The USTR is proposing:

  • Adding or increasing ad valorem rates of duty, as directed by the President, for certain products of China in strategic sectors;
  • A list of products eligible for an exclusion of duty process by which interested persons may request that particular machinery used in domestic manufacturing be temporarily excluded from these 301 tariffs; and
  • A grant of 19 temporary duty exclusions for certain solar manufacturing equipment.

The USTR Notice of Request for Comments is available here.

Modifications to the Section 301 Tariffs are listed in Annex A and include electric vehicles and batteries, certain medical products, critical minerals, magnets, cranes, and steel and aluminum products. These tariff rates (ranging from 25% - 100%) are proposed for implementation on August 1, 2024, January 1, 2025 or January 1, 2026, as listed in the Annex.  

The list of machinery proposed for a future exclusion process is listed in Annex B.  Procedures for requesting exclusions under this process will be published by USTR in a separate notice. Exclusions granted through this process will be effective through May 31, 2025.

The 19 temporary exclusions for certain solar manufacturing equipment (Annex C) are proposed to be effective from May 22, 2024 to May 31, 2025.

Upload your comments through the Federal Government’s online portal: https://comments.ustr.gov.  There is no particular form for comments but they must be submitted specifically to: “Request for Comments: Proposed Modifications to the Section 301 Actions and Proposed Exclusion Process,” Docket Number: USTR-2024-0007.  As noted above, the deadline for submitting all comments is Friday, June 28, 2024 at 11:59 PM EST.

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Maynard Nexsen
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