Section 301 List 4 Hearing Takes Place as List 3 Exclusion Process Is Set to Go Live -

Beginning June 17, 2019, the Office of the U.S. Trade Representative (“USTR”) held seven days of public hearings on proposed tariffs on an additional $300 billion of Chinese imports. If imposed, these proposed tariffs, known as “List 4”, would be the fourth round of tariffs imposed by the Trump Administration in connection with its trade action against China. (Editor’s Note: For additional information on the outcome of the meeting between Presidents Trump and Xi at the G-20 summit in Osaka, Japan (including a pause on imposition of the List 4 tariffs), please see our second article). Hundreds of witnesses representing numerous industries participated in the hearing, including representatives from the Semiconductor Industry Association, the U.S.-China Business Council, the National Association of Manufacturers, the U.S. Fashion Industry Association, and the American Chemistry Council.

On June 20, 2019, USTR posted on its website a notice announcing an exclusion process for the Section 301 tariffs imposed on Chinese-origin goods in September 2018 (“List 3”). This exclusion process will enable stakeholders to request that specific products be excluded from the 25 percent tariff currently applied to the Harmonized Tariff Schedule (“HTS”) categories included on List 3. USTR previously has administered exclusion rounds for Chinese-origin products classified within the HTS categories on Section 301 Lists 1 and 2, but that exclusion process is now closed. Importantly, the List 3 exclusion process will be unique insofar as it will be administered through an electronic portal. Interested parties may submit exclusion requests through the exclusion portal beginning June 30, 2019 at 12:00 pm EDT. The deadline for submitting List 3 exclusion requests will be September 30, 2019.