Thursday, September 8, 2022

China Tariffs to Continue

On September 8, 2022, the Office of the U.S. Trade Representative published in the Federal Register (87 FR 55073) ontinuation of Actions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation

It appears that ALL articles subject to the tariff will continue to be covered by the action. In other words USTR is taking a broad view that requests to extend SOME things on a list triggered extending ALL articles on that list.

There will be a second phase in this action which will permit interested parties to comment pro or con on specific articles on the lists. We do not know when that process will be announced or what form it will take.

USTR has also indicated that for articles that stay on the list after that comment period there will be an opportunity to apply for exclusions. We do not know when that will happen. Also, everyone agrees that the former exclustion process was flawed, but we don't know how this new one will differ.

Finally, in the case of the articles currently excluded through the end of this year, it appears that those exclusions will stay in place through December 31, 2022.

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