The President “Tweets” But the Song isn’t Sweet

May 6, 2019

In the usual bombastic way of announcing trade changes, the President tweeted on Sunday, May 5, that the China trade talks were not being resolved quickly enough to his liking. In an effort to get China to agree to his terms, the President announced that on Friday, May 10, the 3rd tranche of tariffs should rise from 10% to 25%. There has been no official announcement or press release by the United States Trade Representative’s office.

It is still unclear whether an exclusion process will be available for List 3 (aka the supplemental $200 billion trade action). U.S. Trade Representative Robert Lighthizer did state that a Section 301 exclusion process for the largest, third tranche of goods subject to tariffs would be published by the end of April.  However, no instructions have been published or issued.

On another note, the ITC has posted Revision 3 to the Tariff Schedules (see Change Record section for the tariff items affected). These revisions take into account items from List 1 (the $34 billion trade action), which have been granted exclusions. There are items on List 1 which remain under review for exclusions. For List 2 (Additional $16 Billion list), no exclusions have been granted as of May 6, 2019.

Stay tuned. We’ll bring you the latest news as it flies across the airways, is released to the press or is officially published in the Federal Register.

For further information or questions about this or other customs issues, please contact George Tuttle, III, at or 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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