USTR Publish China Tariff List 4, Comments Due June 17

On Friday, May 17, 2019, the Office of the United States Trade Representative published in the Federal Register (84 FR 22564) Request for Comments Concerning Proposed Modification of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. This proposed "List 4" of Section 301 Tariffs on China The proposed product list has an approximate annual trade value of $300 billion. It covers nearly all articles not covered by the previous three lists. The additional duty will be up to 25%. The proposed product list excludes pharmaceuticals, certain pharmaceutical inputs, select medical goods, rare earth materials, and critical minerals.

Q. I see tariff numbers on the list from which I was granted an exclusion in one of the earlier rounds. Do I still have an exclusion?

A. You should be okay. The notice states: "Product exclusions granted by the Trade Representative on prior tranches from this investigation will not be affected."

Q. I see a tariff number on this list which was removed from an earlier list. Do I need to petition again to have it removed?

A. Yes. For example, there were 17 tariff lines relating to textiles that were removed from List 3 but which have been added back to List 4. There will be a public comment and hearing process during which you can argue, again, for removal.

What are those 17 articles?

A. See the table below.

1	5210.11.40	Unbleached plain weave fabrics of cotton, <85% cotton, mixed mainly/solely with man-made fibers, wt. <200 g/m2, of number 42 or lower.
2	5210.11.60	Unbleached plain weave fabrics of cotton, <85% cotton, mixed mainly/solely with man-made fibers, wt. <200 g/m2, of numbers 43-68.
3	5210.19.10	Unbleached 3- or 4-thread twill fabrics of cotton, incl. cross twill, <85% cotton by weight, mixed mainly/solely with mm fibers, not over 200 g/m2.
4	5308.90.90	Yarn of other vegetable textile fibers, nesoi.
5	5402.20.60	Multiple (folded) or cabled high tenacity yarn (except sewing thread) of polyesters, not put up for retail sale.
6	5407.54.00	Woven fabrics, containing 85 percent or more by weight of textured polyester filaments, printed.
7	5504.10.00	Artificial staple fibers, not carded, combed or otherwise processed for spinning, of viscose rayon.
8	5513.21.00	Woven fabrics of polyester staple fibers, <85% polyester staple fibers, mixed mainly/solely with cotton, not over 170 g/m2, plain weave, dyed.
9	5801.31.00	Uncut weft pile fabrics of man-made fibers, other than fabrics of heading 5802 or 5806.
10	5801.32.00	Cut corduroy of man-made fibers, other than fabrics of heading 5802 or 5806.
11	5801.33.00	Weft pile fabrics of man-made fibers, cut, other than fabrics of heading 5802 or 5806, nesoi.
12	5801.36.00	Chenille fabrics of man-made fibers, other than fabrics of heading 5802 or 5806.
	5903.10.15	Textile fabric spec in note 9 to sect XI, of man-made fibers, impregnated, coated, covered or laminated w/polyvinyl chloride, over 60% plastics.
13	6001.22.00	Knitted or crocheted looped pile fabrics of man-made fibers.
14	6005.35.00	Wrap knit fabrics of synthetic fibers, specified in subheading note 1 to this chapter excluding headings 6001 to 6004.
15	6005.41.00	Unbleached or bleached warp knit fabrics (including made on galloon knitting machines) of artificial fiber, other than headings 6001 to 6004.
16	6006.24.90	Printed knitted or crocheted fabrics of cotton, nesoi.
17	6006.41.00	Unbleached or bleached knitted or crocheted fabrics of artificial fibers, nesoi.

When is the deadline to request that these or other articles be removed?

A. Here are the dates:

• June 10, 2019: Due date for filing requests to appear and a summary of expected testimony at the public hearing.
• June 17, 2019: Due date for submission of written comments.
• June 17, 2019: The Section 301 Committee will convene a public hearing in Washington, D.C.
• Seven days after the last day of the public hearing: Due date for submission of post-hearing rebuttal comments.

Q. When will that tariffs go into effect?

A. The date has not been published, but based on past experience, probably mid to late July.