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Tariffs on Remaining $300 Billion in Chinese Goods Set for September and December

The Office of the United States Trade Representative (USTR) announced on Aug. 13 a finalized fourth list of products from China that will be subject to additional 10 percent tariffs under Section 301. In contrast to prior Section 301 lists, the USTR will impose these tariffs in two phases.

The first phase, referred to as “List 4A” tariffs, will go into effect Sept. 1, 2019 and will increase tariffs on several thousand tariff codes covering a wide range of imported goods from China, such as certain dairy products, clothing, televisions, motorcycles, and sporting equipment, among others. The second phase, referred to as “List 4B,” will go into effect on Dec. 15, 2019. List 4B covers hundreds of tariff codes on a multitude of imported goods from China, such as certain footwear, toys, cell phones, laptop computers, computer monitors, and video game consoles, among others. In terms of import value from China, tariffs on List 4B items will actually have a larger impact than tariffs on List 4A. According to the White House, tariffs on List 4B items were delayed until mid-December to prevent price increases on popular holiday purchases.

These Section 301 duties cover almost $300 billion in imported Chinese products. The proposed list of items released in May for List 4 effectively covered the remaining categories of imports from China that had not yet been subject to three prior lists of Section 301 tariffs: List 1List 2 and List 3. In response to public comments, the USTR removed a small group of products from the proposed List 4 based on health, safety, national security and other factors.

Similar to the three prior Section 301 tariff lists, the USTR has announced that it will conduct a product exclusion process for products subject to these additional tariffs; we should learn of the timing, process, and scope of this product exclusion process shortly via an announcement from the USTR.

© 2023 BARNES & THORNBURG LLPNational Law Review, Volume IX, Number 227

About this Author

David M. Spooner, Barnes Thornburg Law Firm, Washington DC, Corporate and Finance Law Attorney

David M. Spooner is a partner in the Corporate Department and Co-Chair of the International Trade Practice Group. Mr. Spooner represents governments, trade associations, and corporate clients on international trade matters, including trade remedies, trade policy and customs issues. He uses his past experience as a high-level political appointee in the Executive Branch and on Capitol Hill to assist clients with their advocacy efforts before both branches of government, as well as before foreign governments.

Prior to entering private practice, Mr...

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Co-chair of the firm’s International Trade practice group, Linda advises and represents clients on commodity jurisdiction, export classification, licensing, technical assistance agreements, and enforcement related to...

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Clinton Yu, Barnes Thornburg Law Firm, Washington DC, Corporate Law Attorney

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Nicholas A. Galbraith is an associate in Barnes & Thornburg's Washington, D.C., office and is a member of the Corporate Department and International Trade Practice Group.

Nicholas advises domestic and international clients on a wide range of complex trade matters. His experience in export controls and economic sanctions includes drafting and revising compliance policies and procedures to meet the demands of an ever-shifting regulatory environment; assisting clients with export classifications; obtaining licenses from regulatory authorities and pursuing...