USTR Commences Statutory Review Of Section 301 China Tariffs

The Office of the United States Trade Representative (USTR) announced the commencement of the statutory four-year review of the continuation of Section 301 China Tariffs. The forthcoming Federal Notice explaining the review process can be found here.

In this four-year review, USTR will examine the July 6, 2018, action (List 1 - $34 B), as modified, and August 23, 2018 (List 2 - $16 B), action, as modified. USTR will consider the List 3 and List 4A modifications as applicable to both the July 6, 2018, action and August 23, 2018, action, so the process covers all of the Section 301 China tariffs.

This is a two-step review process.

The initial step is for USTR to provide an opportunity for U.S. domestic industries that benefited from the tariffs to request their continuation. Legally the tariffs are to terminate on the four-year anniversary of their application if no U.S. party submits a request they be continued. 

If requests to continue the tariffs are received, under the statute the second step requires USTR to undertake a review of the effectiveness of the Section 301 tariffs on achieving their objectives and their impact on the U.S. economy and consumers.

Based on that review, the Administration would then determine whether to maintain the tariffs, modify the tariffs, or remove the tariffs.

Requests for continuation must be received within a 60-day window linked to the four-year anniversary of the dates that List 1 and List 2 went into effect:

• List 1 ($34 Billion) Submission Period: May 7 – July 5, 2022
• List 1 Four-year anniversary = July 6, 2022
• List 2 ($16 Billion) Submission Period: June 24 – August 22, 2022

*Four-year anniversary = August 23, 2022

This process does not include a request for the submission of comments relating to exclusions or termination of the tariffs, only their continuation. 

We expect only when and if the determination is made to maintain the tariffs, in whole or in part, will new exclusion procedures be established. The RV Industry Association will keep you apprised of developments in this review process. In the meantime, please do not hesitate to contact Samantha Rocci, RV Industry Association Senior Manager of Government Affair at srocci@rvia.org with any questions.