Tariff Watch Update (26th Edition)
While the world holds its breath on what is actually inside the “Phase One Trade Agreement” scheduled to be signed in Washington, D.C. on January 15, work at the USTR’s office continues on the vast majority of products subject to the original tariffs. Before we get lost in the shuffle of a more complicated discussion over the Phase One Agreement, we wanted to bring to your attention some recent developments at the USTR’s office since the start of the new year.
Last week, the office of USTR announced its decision to consider extending particular exclusions granted in March 2019 for an additional period not to exceed twelve months. The possible extensions apply only to exclusions granted as of March 2019. This second round of exclusions, which included 33 Chinese products from List 1 of Section 301 Tariffs, took effect on March 25, 2019, and are set to expire on March 25, 2020. To view the product list for exclusions granted on March 25, 2019, please click here. At this time, USTR is not considering extensions on exclusions granted under any other rounds of product exclusions. The procedures for an interest party to submit a comment favoring or opposing specific tariff exclusions remain the same with the ones for the first round of extension as we summarized in details in our previous client alert. Please click here to view detailed procedures to submit a comment. The period for submitting comments will run from January 15, 2020 to February 15, 2020. If your products are part of the second round of exclusions granted on March 25, 2019 and you would like to extend your exclusions for one more year, it is time to begin preparing the extension request.
In addition, the office of USTR announced in the Federal Register that an additional 68 Chinese products were granted exclusions from the 25% additional tariff tranche, including car alternators (8511.50.0000), ventilation fans for motor vehicles (8414.59.6540), lubricating pumps for internal combustion piston engines (8413.30.9060), alarms to be installed on the motor vehicles (8512.30.0040), etc. This round of exclusions is the seventh round of exclusions granted for Chinese products under the third tranche of Section 301 Tariffs and is the first announced since the US and China reached an early stage trade agreement. The Phase One Agreement, according to a U.S. President's tweet this week, is scheduled to be signed by the parties on January 15, 2020, at the White House, where high level representatives of China will also be present. The U.S. administration also indicated that the U.S. President would visit Beijing at a later date for Phase Two negotiations.
此外，美国贸易代表办公室在《联邦纪事》中宣布，301条款关税第三清单下的68种中国产品成功获得关税豁免，包括汽车交流发电机(8511.50.0000), 机动车通风风扇(8414.59.6540), 内燃机活塞润滑油泵(8413.30.9060), 安装于汽车上的警报器(8512.30.0040) 等。本轮豁免是301条款关税第三批次下对中国产品公布的第七轮豁免，也是自中美达成早期贸易协议以来的宣布的第一次豁免批准。根据特朗普总统本周的推文，第一阶段协议定于2020年1月15日由双方在白宫签署，中国高层代表也将出席。 特朗普还表示，他将稍后访问北京进行第二阶段谈判。
As always, we will continue to follow USTR's action towards the Section 301 tariffs and report back when more news is coming. We will also keep a close watch on the progress of the phase one trade agreement between the US and China. In the meanwhile, the Dickinson Wright China Team is available to help you prepare and submit an extension request. Please contact us to get started.
Dickinson Wright Law Firm
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.