As you may already be aware, in May 2022, the Office of the US Trade Representative (USTR) began an initial review to determine whether Section 301 tariffs should continue to be imposed on products from China—the four year anniversary of the enactment of the duties.

Last month, after receiving more than 400 requests for continuation from domestic producers and trade representatives, the USTR announced that it would conduct an official review of the actions. 

As part of its investigation, the USTR announced in the Federal Register earlier this week that they are seeking comments from the trade community regarding the overall utility and efficacy of Section 301 tariffs. Specifically, officials are looking for information regarding the following:

  • The effectiveness of the actions in eliminating the unreasonable and discriminatory actions, policies, and practices of the Government of China;
  • The effectiveness of the actions in counteracting the Government of China’s actions policies, and practices;
  • Alternative actions or modifications to existing actions to more effectively address these issues posed by the Government of China;
  • Whether the actions resulted in higher additional duties on inputs used for additional manufacturing in the US rather than on downstream products or finished goods incorporating those inputs; and
  • The impact of the Section 301 Tariffs and related actions on:
    • The US economy, including consumers
    • US domestic manufacturing (e.g., capital investments, domestic capacity, profits)
    • US technology (e.g., U.S. technological leadership and development)
    • US workers (e.g., employment and wages)
    • Small US businesses
    • US supply-chain resilience
    • The goals of US critical supply chains, as described in Executive Order 14017

The portal to submit comments will open on November 15, 2022 and will close on January 17, 2023. If you are interested in submitting a request, please visit the USTR Comment Portal.

Click here to view the official Federal Register Notice.

If you have any questions related to Section 301 tariffs, please contact [email protected].

Shapiro will continue to monitor the situation and provide updates as they become available.