[co-author: Kelly Zhang]
USTR announced that the actions arising from the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation would continue in light of hundreds of comments that USTR received requesting that the tariffs continue. In October 2022, as part of the four-year continuation review of the Section 301 tariffs, USTR issued its formal notice seeking public comments on (1) the effectiveness of the actions in achieving USTR’s objectives, (2) other actions that could be taken, and (3) the effects of such actions on the U.S. economy, including consumers. USTR will be accepting comments from interested stakeholders as early as November 15, 2022, with a final submittal deadline of January 17, 2023.
Today, USTR released additional information on its comprehensive review, which comprise a Preview of Questions for Four-Year Review Docket. The Preview provides a full list of the questions of the four-year review docket, which builds on its earlier notice a few weeks ago, and guidance on submission logistics.
Submission Logistics
The docket title is “Request for Comments: Four-Year Review of Actions in Sec. 301. Inv. Of China”, and the Docket ID is USTR-2022-0014.
The questions in the docket are separated into three sections and invite stakeholders to provide views concerning the Section 301 actions. Interested stakeholders are invited to comment on whichever sections they choose – including just one or all of the questions.
The guidance issued by USTR provides procedures for the submission of Business Confidential Information (BCI) with respect to some questions. Attachments can also be submitted at the end of the docket.
Overview of the Questions
Consistent with USTR’s previous federal register notice, the enclosed Preview of Questions for Four-year Review is divided to three sections 1) Section A invites comments regarding effectiveness of the Section 301 action at an economy-wide level; 2) Section B focus on the impact on various sectors and industries; and 3) Section C invites comments on specific tariff headings.
Section A Economy-Wide Level Comments
There are 8 questions addressing the following issues:
- Whether Section 301 action was effective in eliminating of China’s act, polices, and practices related to technology transfer, intellectual property and innovations since 2018;
- Modification of current Section 301 action;
- Impact on US economy at large;
- Other actions that can be taken under Section 301.
Section B Sector/Industry-Level Comments
There are 9 questions addressing the following issues:
- Which goods within the sector or industry are not subject to the Section 301 actions;
- Whether the Section 301 actions are effective on the sector/industry level;
- Impact on the sector and industry;
- Other sector/industry specific actions can be taken under Section 301.
Section C Tariff Headings Comments
Section C includes 10 questions addressing the following issues:
- Whether the specific tariff line from submitter should be removed or remain covered by Section 301 Actions;
- The effectiveness of remaining the tariff lines;
- The impact of removing the tariff lines;
- Impact on the U.S. economy and consumers if the tariff line remains or to be removed;
- Whether to add any additional tariff lines that are not currently covered by the Actions.
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