On May 3^rd, the United States Trade Representative (USTR) issued a notice requesting comments from US domestic industry regarding the extension of Section 301 duties originally imposed in July and August 2018. The request for comments is directed at US domestic industries that have benefited from the Section 301 action, which imposes additional duties on products that are country of origin China.

Here’s what you need to know about the comment period and next steps on Section 301:

1. The Comment Period is a Regulatory Requirement – the legal justification for Section 301 requires that the tariffs be reviewed every four years. Part of that review process includes a comment period from industry.
2. Industry Comments can be Anonymous – companies who wish to provide comment and request continuation of the 301 duties must do so during a 60-day window leading up to the tariff renewal date (July 6, 2018, for List 1 and August 23, 2018). Comments can be made anonymously.
3. Section 301 Duties Continue During Review – should at least one domestic company provide comment and request continuation of the 301 duties, the USTR will launch a broader review process of comments, as well as request further commentary from the trade on the effectiveness of the trade action. While this process unfolds, the tariffs will continue. Details on this broader review will be published in future Federal Register notices.

Further information, as published by the USTR, can be provided here.

In addition, Tradewin can help with your needs around managing 301, including reviewing exclusions, HTS and Country of Origin, as well as mitigation strategies through Duty Drawback. Please reach out and let us know should you have any questions.