The United States government reported that it will assess some import taxes that it charges on imports from China.
To do this, the United States Trade Representation (USTR) will hold a public consultation from October 12 to December 1.
The USTR will then review the public comments and consult with other agencies, including the Small Business Administration.
As part of the exclusion review process, the USTR will work to ensure that China’s 301 rates align with the economic priorities of the Biden-Harris Administration.
The reinstated exclusions will be retroactive to October 12.
In addition, the USTR is seeking comment on the appropriate duration of the reinstated exclusions.
The reinstated exclusions will be published in the Federal Register.
The text of the Federal Register notice inviting public comment can be viewed here. A list of the more than 500 exclusions covered by the notice is posted separately on the USTR website here.
The USTR modified the action in the Section 301 investigation of China’s acts, policies and practices related to technology transfer, intellectual property and innovation by excluding certain products from additional tariffs.
Of the various tranches of exclusions granted, the United States Trade Representative subsequently extended 549 exclusions.
Most of these extensions expired on December 31, 2020. The rest expired at the beginning of this year.
The USTR invites specific comments to determine whether to reinstate certain import taxes.
In general, the USTR will evaluate the possible reinstatement of each exclusion on a case-by-case basis.
The focus of the assessment will be whether, despite the imposition of additional tariffs from September 2018, the particular product is still available only in China.
In addressing this factor, commenters should specifically address:
- Whether the particular product and / or a comparable product is available from sources in the United States and / or third countries.
- Any change in the global supply chain since September 2018 with respect to the particular product or any other relevant industry development.
- The efforts, if any, that US importers or buyers have made since September 2018 to obtain the product from the United States or third countries.
- National production capacity of the product in the United States.
In addition, the USTR will consider whether reinstating the exclusion will affect or result in severe economic harm to the commenter or other US interests.