Tariff Watch Update (21st Edition) 关税观察更新 (第二十一期)

Posted by: Mark Heusel - Dickinson Wright on Thursday, September 12, 2019

Breaking News.

On Wednesday evening, the U.S. President announced through Twitter that the US will push back the effective date of the proposed tariff increase on $250 billion worth of Chinese good from the scheduled date of October 1 to October 15, "as a gesture of goodwill."

The tweets came after the Chinese government's announcement that it would be exempting certain US products from tariffs on this Wednesday. The new round of trade escalation since the end of this August finally cooled down, with face-to-face discussions coming up in Washington as early as next week. The Trump administration doubled down on this show of goodwill by suggesting that they may be open to a short-term, interim solution while the parties continue to talk in good faith.  The interim solution may mean that the additional tariffs to go in effect in October and December could be delayed in exchange for concessions by Beijing over agricultural products and technology matters.

即时新闻。本周三晚,特朗普总统通过推特表示,“作为善意姿态”,其将计划对2500亿美元中国商品开始增加关税的日期从10月1日推迟至10月15日。这条推文是在中国政府于本周三公布对美加征关税商品排除清单之后发布的。随着双方面对面对话最早将于下周在首都华盛顿举行,自今年8月底以来的新一轮贸易摩擦升级终于冷却下来。特朗普政府通过暗示在双方继续真诚地进行对话的同时,其可能对短期临时解决方案的出台持开放态度,使这一善意表现倍增。临时解决方案可能意味着将推迟于今年10月和12月生效的额外关税,以换取北京方面对农产品和技术问题的让步。

The current tentative two-week delay of the tariff increases will apply to the first three tranches of Section 301 tariffs, i.e., the additional tariffs imposed on the Chinese imports in the first three lists remain 25% until October 15, 2019, subject to further notices from the USTR. The tariff exclusion procedures for the first two tranches were closed last year while an interested party can still file an exclusion for the third tranche products until September 30, 2019. 

此次暂定的推迟两周上调关税将适用于301条款下的前三个批次的关税,即在美国贸易代表办公室发布进一步通知之前,前三批次的关税在2019年10月15日之前都将保持在25%。301条款下前两个批次的关税豁免申请程序已于去年结束但是利益相关方在2019年9月30日之前仍可对第三批次下的产品申请关税豁免。

For the fourth tranche of Section 301 tariffs, products on List 4A are subject to an additional tariffs of 15% effective on September 1, 2019; meanwhile, the same rate of additional tariffs will be imposed on products on List 4B starting from December 15, 2019, unless an interim truce is reached. The exclusion procedure for Tranche 4 has not been published yet. 

对于301条款下第四批次的关税,在清单4A下产品的额外15%关税已于9月1日生效;且除非双方达成一致同意暂时休战,清单4B下的产品也将于2019年12月15日起被征收15%的额外关税。

As the trade talks between the US and China are expected to resume in the coming weeks, we will continue to follow tariff and trade actions of both countries, and report back with latest news. 

随着美中贸易谈判预计将在未来几周恢复,我们将继续关注两国的关税和贸易行动,并报道最新消息。

Dickinson Wright Law Firm

Contact: Mark Heusel: Member & China Practice Group Chair

 

 

 

About Mark: Mark Heusel is an experienced commercial business attorney and serves as the Chair of the Firm’s China Practice Group. He has more than 25 years of experience in representing multi-national companies in the manufacturing, retail and automotive industries. Mr. Heusel’s experience includes advising foreign companies in the areas of foreign direct investment in the United States, business formation, Greenfield investment, international trade, commercial transactional matters, and dispute resolution. In his role as International Practice Group Chair, he serves as general counsel to companies throughout Asia and Europe, directing the firm’s resources to better assist his clients. 

Mr. Heusel began his legal career by representing clients in a variety of litigation matters in state and federal courts and in various domestic and international arbitral forums. With more than 20 years of litigation experience, particularly in the areas of contract disputes, supply chain litigation, employment matters (including discrimination and wrongful discharge litigation), commission disputes, personal injury, and real estate and land use litigation, he gained invaluable first-chair experience in understanding and recognizing how a company’s success may be impacted by business disputes. Leveraging this experience, Mr. Heusel focused his career on assisting foreign companies entering the North American market. His interests and passion for helping companies in a proactive manner led to his current position as International Practice Group Chair, where he now has the opportunity to advise and counsel clients entering or expanding their businesses in North America. 

 

 

 

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