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USTR Announces 4-Year Review Process of China 301 Tariffs

This may result in the possible termination of the tariff actions.

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by Angela Chiang, Auto Care Association

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The Office of the U.S. Trade Representative issued a notice on May 3 commencing the statutory process required leading up to the four-year anniversaries of the Section 301 tariffs on imports from China, which may also result in the possible termination of the tariff actions.

The first step in the four-year review process is notifying representatives of domestic industries which benefit from the trade actions, as modified, of the possible termination of the actions, and of the opportunity for these representatives to request continuation of the actions.

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Requests for continuation can be submitted through the USTR comments portal and must be received within the 60-day window prior to the four-year anniversary of the respective action:

Section 301 Product ListEffective Date of Tariff Action  60-Day Window to Submit Requests for Continuation
 List 1July 6, 2018  Between May 7, 2022, and July 5, 2022
 List 2 August 23, 2018 Between June 24, 2022, and August 22, 2022

If a request for continuation is received within the 60-day window for List 1 or List 2, USTR will keep the tariff action in place while proceeding to the next phase of the review process, which will include an opportunity for all interested stakeholders to provide comments.

USTR will consider the effectiveness of the action in achieving the objectives of Section 301, other actions that could be taken, and the effects of such actions on the United States economy, including consumers.

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USTR is expected to announce the same process for Section 301 List 3 and List 4A, which went into effect on Sept. 24, 2018, and Sept. 1, 2019, as we get closer to the 60-day window.

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