October 26, 2021

Volume XI, Number 299


October 25, 2021

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New Public-Comment Period Regarding Section 301 Tariffs Impacting Certain Medical-Care and COVID-19 Response Products

As the country continues to experience the effects of the COVID-19 pandemic, the Office of the US Trade Representative (USTR) has invited public comments on whether to continue excluding certain medical supplies from the special tariffs that were originally imposed on imports from China during the Trump administration. Those tariffs, which started in July 2018, followed an investigation conducted under Section 301 of the Trade Act of 1974 of China’s acts, policies and practices related to technology transfer, intellectual property and innovation. The tariffs were imposed on nearly all US imports of Chinese goods, including high-demand medical supplies.

In total, there have been four rounds of tariffs, broadening the scope of affected products. With each round, USTR allowed companies to request exclusions for products that are not adequately available in the United States and granted several of these requests.

Although most of those exclusions have now lapsed, USTR has maintained dozens of product exclusions on medical-care and COVID-19 response products to meet medical needs. On August 27, 2021, USTR published a notice of opportunity to request that these exclusions be extended for up to six months past the current end date of September 30, 2021. Requests must be filed by September 27, 2021 and substantiate the grounds for extending the exclusion.

© 2021 McDermott Will & EmeryNational Law Review, Volume XI, Number 242

About this Author

Eric S. Parnes Attorney Litigation McDermott Will Emery Washington DC

Eric S. Parnes is an accomplished litigator, who focuses on advocating for and advising clients in international trade disputes and other high-stakes government-facing matters, including internal and government investigations and False Claims Act litigation.

Eric represents clients in complex disputes – in court, before administrative agencies, and before arbitral tribunals – and by conducting internal investigations and advising clients on corporate compliance matters.

Eric has represented clients in countervailing...

Conor Gilligan Attorney Litigation McDermott Will Emery Washington DC

Conor Gilligan focuses his practice on regulatory matters, particularly arbitration, international trade, Latin America, litigation and trade remedies and trade agreements.

He has experience representing a foreign government in an international trade dispute, as well as supporting representation of another set of clients in investment treaty arbitrations.

Conor has worked on several pro bono matters, including successfully appealing an adverse Social Security determination before an administrative law judge.

Dean A. Pinkert Attorney Regulation McDermott Will Emery Washington DC
Senior Counsel

Dean A. Pinkert focuses his practice on regulatory matters, particularly trade remedies and trade policy, including antidumping, countervailing duty and safeguard actions, international intellectual property matters, trade agreements and tariffs. He also focuses on digital trade, renewable energy, sanctions and export controls.

Dean is a former commissioner of the US International Trade Commission, nominated by President Bush and confirmed by the US Senate in 2007. He was designated vice chairman by President Obama in 2014. During his time as...