Enforcement/Section 301 Investigations
In response to USTR findings of its investigation into China’s laws, policies and practices relating to technology transfer, intellectual property and innovation, tariff-related proceedings were initiated, as was dispute settlement in the WTO. USTR published on its website details about its proposed tariff remedy – an additional duty of 25% on 1,300 products from China. Below is guidance from ITA on dealing with this.
Guidance from ITA
ITA is coordinating efforts with USTR to channel inquiries from stakeholders appropriately.
- Stakeholders are directed to the FRN and annexed list at https://ustr.gov/sites/default/files/files/Press/Releases/301FRN.pdf for general instructions on public comments and the public hearing coming up in April and May.
- A federal register notice was posted on April 6, and stakeholders can comment here – https://www.federalregister.gov/documents/2018/04/06/2018-07119/notice-of-determination-and-request-for-public-comment-concerning-proposed-determination-of-action
- The FRN provides the following contact points for stakeholder questions:
- Arthur Tsao, USTR Assistant General Counsel ((202) 395-5725), as POC for questions about the ongoing investigation or proposed action.
- CBP’s Evan Conceico (Evan.M.Conceicao@cbp.dhs.gov) as POC for questions on customs classification of products identified in the annex.
Key Dates for 301:
April 23, 2018: Due date for filing requests to appear and a summary of expected testimony at the public hearing and for filing pre-hearing submissions.
May 11, 2018: Due date for submission of written comments.
May 15, 2018: The Section 301 Committee will convene a public hearing in the main hearing room of the U.S. International Trade Commission, 500 E Street SW Washington DC 20436 beginning at 10:00 a.m.
May 22, 2018: Due date for submission of post-hearing rebuttal comments.
The U.S. Department of Commerce has announced its procedures for excluding products from the recently announced tariffs on steel and aluminum product imports.
Guidance from DOC
Stakeholders may use the Federal Register notice for guidance on submitting exclusion requests. There is no time limit on submitting exclusion requests.
Some guidelines and limitations include:
- Exclusion requests will be evaluated taking into account national security considerations. A single response to each exclusion request will be posted on regulations.gov.
- Only individuals or organizations using steel or aluminum articles identified in Presidential Proclamations 9704 and 9705 and engaged in business activities in the United States may submit exclusion requests. Exclusion requests will be posted for a 30-day comment period on regulations.gov.
- Separate exclusion requests must be submitted for each unique steel or aluminum product import. Requesters must provide a full factual description of the specific product, its properties, and its quantity.
- Any U.S. individual or organization may object to steel or aluminum exclusion requests.
- Both the exclusion requests and objection filings will be available for public viewing on regulations.gov. Processing of exclusion requests normally will not exceed 90 days, including adjudication of objections submitted on exclusion requests.
- The forms for submitting steel and aluminum exclusion requests, and objections to specific exclusion requests, will be available on regulations.gov