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Volume XIII, Number 33


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US Announces Agency Review of Section 301 and Section 232 Tariffs

US Government agencies have announced concurrent reviews of the Section 301 and Section 232 tariffs, which may result in changes to the current tariff rates and product lists in the coming months. At the end of this report is a chart specifying the periods and deadlines this spring and summer to submit comments to the respective government agencies regarding these tariffs.

US Trade Representative Review of Section 301 Tariffs 

As detailed in our previous alert, the US Trade Representative (USTR) has initiated the first step of a statutorily mandated review process to determine whether the Section 301 tariffs should be continued. The additional tariffs, which initially took effect in 2018, have now been in effect for 4-years, triggering a review to determine their effectiveness and impact on the US economy. On May 5th, the USTR published a notice announcing a two phase comment period for interested parties to weigh in on whether the tariffs should be continued:

  • Phase 1: a 60 day period for parties that have benefited from the tariffs to request their continuation;

  • Phase 2: if at least one party requests that the tariffs remain in effect, the USTR will announce “in one or more subsequent notices” a second comment period for all interested parties to comment, including parties objecting to the continuation of the tariffs.

The Phase 1 comment period for List 1 and List 3 will open on May 7, 2022, and end on July 5, 2022. The Phase 1 comment period for List 2 and List 4A will open on June 24, 2022, and end on August 22, 2022. 

International Trade Commission Investigation of Section 301 and Section 232 Tariffs

The US International Trade Commission (ITC) has also launched an investigation on the economic impact of the Section 301 tariffs on imports from China and the Section 232 tariffs on steel and aluminum. In a notice published on May 10th, the ITC announced its investigation into US trade, production, and prices in the industries directly and most affected by active tariffs. 

Interested parties, including companies objecting to the tariffs, have the opportunity to comment either by testifying at a hearing or submitting written comments. The ITC has not yet announced whether the hearing will occur remotely or in person. 

The ITC will report the results of its investigation to the House and Senate Committees on Appropriations. The investigation may result in revisions to the tariffs, though it is not yet clear what power the House and Senate Committees on Appropriations have to unilaterally revise or eliminate the tariffs, other than to pressure the President to do so.

Upcoming Deadlines for Participants 

These USTR and ITC reviews may result in significant changes to the Section 301 and Section 232 tariffs. Importers and others affected by these tariffs are urged to consider filing written comments and/or testifying before the ITC. 

As shown in the comparative schedule of the two proceedings before the two agencies, the testimony and briefing before the ITC will likely conclude before the USTR’s Phase 2 review. Substantive comments submitted to the USTR in “Phase 2” will therefore occur after the record at the ITC has closed.

USTR Review

  ITC Investigation  





May 7, 2022

Web portal will open for parties to request continuation of the July 6,

2018 action and modification, i.e. List 1 and List 3.


June 24, 2022

Web portal will open for parties to request continuation of the August 23,

2018 action and modification, i.e. List 2 and List 4A.


July 5, 2022

Web portal will close for requests to continue
the List 1 and List 3 duties.


July 6, 2022

Deadline for filing requests

to appear at the public hearing.


July 8, 2022

Deadline for filing prehearing

briefs and statements.


July 14, 2022

Deadline for filing electronic copies

of oral hearing statements.


July 21, 2022

Public hearing.


August 12, 2022

Deadline for filing post

hearing briefs and statements.

August 22, 2022

Web portal will close for requests to continue
the List 2 and List 4A duties.



    August 24, 2022

Deadline for filing all other

written submissions.


March 15, 2023

Transmittal of Commission

report to Congress.


© 2023 ArentFox Schiff LLPNational Law Review, Volume XII, Number 132

About this Author

David R. Hamill Partner ArentFox Schiff LLP

Dave's practice focuses on advising clients on international trade regulatory, including import and customs compliance, duty preference programs, in particular, the United States Mexico Canada Free Trade Agreement or USMCA. In addition, Dave provides legal and strategic advice regarding the implications of US economic sanctions and export controls.

Dave represents US and foreign companies, including manufacturers, importers, exporters, distributors, and trade associations on trade matters before the US Department of Treasury, US Customs and...

Leah Scarpelli Associate ArentFox Schiff LLP

Leah advises U.S. and foreign corporations, associations, and governments on a variety of international trade and customs matters, including trade remedies and import compliance.

Leah specializes in trade policy issues, such as the Section 232 tariffs on steel and aluminum, the Section 301 tariffs on imports from China and the EU, and the negotiation of trade agreements. She also counsels clients on global trade strategies and export compliance.

Leah works with clients in diverse sectors, including the automotive,...

Nancy A. Noonan International Trade Lawyer Washington DC ArentFoxSchiff

Nancy handles proceedings under the international trade and customs laws of the United States and under the US’ immigration and nationality laws.

Regarding international trade and customs matters, Nancy has represented a wide variety of clients in antidumping, countervailing duty, Section 201, Section 232 and Section 301 proceedings before the US Department of Commerce, the US International Trade Commission, US Customs and Border Protection, and the Office of the US Trade Representative. She also counsels clients on trade dispute issues arising...

Angela M. Santos Labor and Customs Attorney New York ArentFoxSchiff

Angela helps companies identify business solutions and structure their transactions to facilitate the importation of merchandise, ensure regulatory compliance, minimize duties, and eliminate Customs penalty exposure. She is especially knowledgeable in the field of fashion imports and has assisted many of the prominent brands and fashion houses. Her experience allows her to comprehensively advise fashion and retail companies on the issues specific to their industry.

Angela also has experience beyond the fashion industry. She has assisted a number...

Diana Dimitriuc Quaia  International Trade Attorney Washington DC ArentFoxSchiff

Diana has a broad-based international trade practice with a focus on trade litigation and international dispute settlement litigation.

Diana provides advice to corporations and foreign governments on trade law and policy, litigation, and administrative proceedings. She represents and advises clients in trade remedy cases in the United States, such as antidumping and countervailing duty proceedings, global safeguard actions under Section 201, national security measures under Section 232, as well as Section 337 proceedings. Diana is well versed in...