This Alert is one in a series covering the ongoing trade dispute between the United States and the Peoples Republic of China.
As we reported previously, by virtue of actions taken in retaliation to certain unfair trade practices, policies and acts of the Government of China, the United States has imposed certain ad valorem tariffs on products of China. (For background to this dispute, please refer to the notice in the Federal Register of July 11, 2018, 83 FR 32181.)
Effective July 6, 2018, certain products in 818 tariff subheadings have been subject to imposition of additional ad valorem duties of 25 percent.
Meanwhile, public proceedings are in progress covering the imposition of additional 25 percent ad valorem duties on products covered by an additional 284 tariff subheadings.
In addition to all of the foregoing and in response to actions taken by China in the imposition of retaliatory tariffs on certain products of the United States, the president has directed the United States Trade Representative (USTR) to identify an additional $200 billion worth of Chinese products for the imposition of additional 10 percent ad valorem duties. These duties would be imposed upon products in a list of 6,031 tariff subheadings.
It is important to note that the notice advises that products admitted into a U.S. foreign trade zone on or after the effective date of the increased tariffs—except those eligible for admission under "domestic status" as defined in 19 CFR 146.43—would have to be admitted under "privileged foreign status" as defined in 19 CFR 146.41 and would be subject upon entry for consumption to the additional duty. This action is intended to ensure the effectiveness of the actions taken by USTR with respect to the assessment of duties on products subject to the additional duties. In addition to the regulatory provisions cited by USTR, please refer to 19 USC 146.65(a)(1) covering the classification of privileged foreign merchandise and the rate of duty and tax in force on the date of filing, in complete form, the application for privileged status.
At this point in time, the only products that are subject to additional duties are those implicated by the USTR determination that became effective on July 6.
Interested parties are advised that written comments, in order to be considered, must be submitted by August 17, 2018. Post-hearing rebuttal comments are due by August 30, 2018.
Public hearings will be held on August 20-23, 2018, at 9:30 a.m. at 500 E Street SW, Washington, D.C. 20436. Requests to appear must be submitted by July 27, 2018.
Procedures to follow and topics to be covered regarding all submissions are set forth in the Federal Register notice. The list of products that may be subject to the additional 10 percent ad valorem duty are identified by tariff subheading in the annex to USTR-2018-0026 (page 11).
Electronic responses are preferred through the Federal Rulemaking Portal, and Docket Number USTR-2018-0026 has been assigned to these proceedings.
Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.
