USTR Announces Timeline for Section 301 Comments on List 3


July 17, 2018

Today the USTR (83 FR 33608) announced its timetables for public comments and date for public hearings regarding the third proposed annex of HTS numbers to receive the 10% duty on imports from China.

The latest round of potential HTS items to receive a 10% additional duty is the U.S.’s response to China’s imposition of retaliatory tariffs on U.S. goods. The expansive list of 6,031 HTS subheadings has an annual trade value of approximately $200 billion. The list compromises products from all sectors of the Chinese economy.

To be assured of consideration to present at the Section 301 hearings, companies must submit comments and responses in accordance with the following schedule:

  • July 27, 2018: Due date for filing requests to appear and a summary of expected testimony at the public hearing, and for filing pre-hearing submissions. Testimony is limited to 5 minutes.
  • August 17, 2018: Due date for submission of written comments.
  • August 20-23, 2018: The Section 301 Committee will convene a public hearing in the main hearing room of the U.S. International Trade Commission, 500 E Street SW, Washington DC, 20436 beginning at 9:30 am.  Public hearing comments are limited to 5 minutes.
  • August 30, 2018: Due date for submission of post-hearing rebuttal comments.

To submit comments and request to present testimony at the public hearing, submissions are to be made through the Federal eRulemaking Portal: http://www.regulations.gov. The docket number is USTR-2018-0026

Comments are to include:

  • The specific tariff subheadings to be subject to increased duties, including whether the subheadings listed in the Annex should be retained or removed, or whether subheadings not currently on the list should be added.
  • The level of the increase, if any, in the rate of duty.
  • The appropriate aggregate level of trade to be covered by additional duties.

In commenting on the inclusion or removal of particular tariff subheadings listed in the Annex, the USTR requests that commenters address specifically whether imposing increased duties on a particular product would be practicable or effective to obtain the elimination of China’s acts, policies, and practices, and whether maintaining or imposing additional duties on a particular product would cause disproportionate economic harm to U.S. interests, including small- or medium-size businesses and consumers.

Written submissions can also be made through www.regulations.gov at docket USTR-2018-0026. Comments can be made in the “comment now!” field or by uploading an attached Microsoft Word (.doc) or searchable Adobe Acrobat (.pdf) file. File names should reflect the name of the person/entity submitting the document. Any attachments, exhibits, or annexes should be part of the attachment.

Business confidential documents may be submitted. The file name must begin “BC” and the name of the person or entity making the submission should follow. Any page containing confidential information must be clearly marked “BUSINESS CONFIDENTIAL.” In requesting business confidential treatment, the submitter must certify in writing that disclosure of such information would endanger trade secretes or profitability, and that the information would not customarily be released to the public. The public version of the document must have a file name beginning with “P” and followed by the name of the person or entity making the submission.

The USTR will post submissions in the docket for public inspection, except those requesting business confidential treatment.  Submissions can be viewed at https://www.regulations.gov by entering USTR-2018-0026 in the search field.

The effective date for List 1 (now referred to as “Annex A”) was July 6, 2018.

The effective dates for List 2 and List 3 are yet to be determined.

Hearings on automobiles and parts are scheduled for July 19. Effective dates are yet to be determined.

For further information or questions about this and other customs issues, contact George R. Tuttle, III at geo@tuttlelaw.com or at (415) 986-8780.

 

George R. Tuttle, III is an attorney with the Law Offices of George R. Tuttle in the San Francisco Bay Area.

The information in this article is general in nature, and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence, and may not be considered as such.

Copyright © 2018 by Tuttle Law Offices.  

All rights reserved.  Information has been obtained from sources believed to be reliable.  However, because of the possibility of human or mechanical error by our offices or by others, we do not guarantee the accuracy, adequacy, or completeness of any information and are not responsible for any errors, omissions, or for the results obtained from the use of such information.

 

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