USTR Announces Potential Increase on
List 3 Tariffs from 10% to 25%

August 2, 2018

On August 1, 2018 the USTR announced it is considering increasing the proposed tariffs on List 3 from 10% to 25%. Published in the July 17, 2018 Federal Register (83 FR 33608 of July 17, 2018) List 3 identified $200 billion worth of Chinese goods imported into the U.S., compromising approximately 6,013 items.

Because of this potential change, the parties wishing to present at the August 20-23 hearings will have until August 13, 2018 to submit hearing requests. The due date for submission of all written comments , including rebuttal comments, is now September 5, 2018. 

US Trade Representative Robert Lighthizer stated that the President has directed him to consider increasing the proposed level of additional duty from 10% to 25%. Mr. Lighthizer added that “the increase in the possible rate of the additional duty is intended to provide the Administration with additional options to encourage China to change its harmful policies and behavior and adopt policies that will lead to fairer markets and prosperity for all of our citizens.”

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 be 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.

Section 301 Time Line

Official notification of the extension dates will be published in the Federal Register shortly.

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.

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