The Office of the U.S. Trade Representative will allow a short-term extension for the exclusions on goods used to treat COVID-19 from Section 301 tariffs on goods from China, it said in a notice posted on the agency's website. The exclusions were set to expire Sept. 30, but USTR said it will extend the exclusions for 45 days to give the agency more time to review comments submitted about a longer extension.
Section 301 tariff exclusion extensions
The U.S. Trade Representative will allow a short-term extension for the exclusions on goods used to treat COVID-19 from Section 301 tariffs on goods from China, it said in a notice posted on the agency's website. The exclusions were set to expire Sept. 30, but USTR said it will extend the exclusions for 45 days to give the agency more time to review comments submitted about a longer extension. The exclusions will now expire Nov. 14, it said.
The National Association of Manufacturers CEO is calling on the Biden administration to "act as quickly as possible to finalize and publicize [its China] strategy. Such a clear, robust strategy on China, including U.S.-China trade, would be critical in bolstering manufacturers’ efforts to retain and hire American workers, invest in domestic operations and adjust supply chains, and providing meaningful opportunities for manufacturers to seek targeted relief from broad application of Section 301 tariffs."
At the height of the Section 301 exclusions, 10% of imports covered by the China tariffs were excluded, according to a new Government Accountability Office report, though that fell from 10% to 7% across 2020, as exclusions expired and were not extended. Overall, about $71 billion of imports avoided the tariffs, GAO estimated.
Revisions to the tariff schedule over the past six months echoed the back and forth between the U.S. and the European Union over retaliatory tariffs under both the Airbus and digital services tax disputes. Provisions for new tariffs were added then suspended, some immediately. Other changes include updates for USMCA tariff-rate quotas, a Section 301 exclusion extension and an extension to Section 201 safeguards on large residential washers.
The following lawsuits were filed at the Court of International Trade during the weeks of May 24 - June 6.
The China package once known as the Endless Frontier Act passed the Senate with 68 votes. The U.S. Innovation and Competition Act includes a trade amendment that authorizes a new Miscellaneous Tariff Bill, restarts applications for Section 301 tariff exclusions, adds an inspector general to the Office of the U.S. Trade Representative, renews the Generalized System of Preferences benefits program for more than five years and directs the CBP to increase inspections of imports with the aim of finding counterfeits. The bill passed the evening of June 8.
The Court of International Trade should dismiss the HMTX-Jasco sample case in the massive Section 301 litigation because the companies can’t establish that the Office of the U.S. Trade Representative exceeded its authority, the Department of Justice said in a June 1 motion. The agency didn't overstep the 1974 Trade Act when it ratcheted up the lists 3 and 4A tariffs on Chinese imports, nor did its actions violate the Administrative Procedure Act (APA), the government’s 77-page filing in docket 1:21-cv-52 said.
Two Democrats and two Republicans on the House Ways and Means Committee, along with 98 colleagues, are asking the Office of the U.S. Trade Representative to re-establish an application process for exclusions to Section 301 tariffs. In an April 27 letter, led by Reps. Ron Kind, D-Wis., Jackie Walorski, R-Ind., Suzan DelBene, D-Wash., and Rep. Darin LaHood, R-Ill., they also say they believe companies that had exclusions that have expired should have expedited procedures for getting a new exclusion.
The International Trade Commission recently issued Revision 2 to the basic edition of the 2021 Harmonized Tariff Schedule. The only changes in Revision 2, released March 30, relate to the extension of Section 301 exclusions for certain COVID-19 treatment goods announced in early March (see 2103050052). The terms of subheadings 9903.88.62, 9903.88.63, 9903.88.64 and 9903.88.65 are amended so they now say they expire Sept. 30.