China, which previously asked for consultations with the U.S. at the World Trade Organization over steel and aluminum tariffs and two previous rounds of Section 301 tariffs (see 1808270020), asked on Sept.18 for consultations on tariffs that will be levied next week on $200 billion in Chinese goods. As with the previous cases, China says the measures violate WTO rules by imposing higher tariffs on China than on other countries, by exceeding U.S.-agreed bound rates, and because the U.S. did not go through the dispute resolution system at the WTO before acting.
The two rounds of Section 301 tariffs, implemented July 6 and Aug. 23, account for less than 10 percent of the shipment volume FedEx does in the “China-U.S. lane bidirectionally,” and that volume represents about 2 percent of total revenue for the “whole enterprise,” said Raj Subramaniam, FedEx chief marketing and communications officer, on a Sept. 17 earnings call. New tariffs on the $200 billion worth of imports would raise the impact to a quarter of the commerce FedEx does between China and the U.S., he said. “The uncertainty around the issue and the potential for additional tariffs is affecting the market and we're beginning to see some of the economic activity in China starting to moderate as a result of that,” Subramaniam said about an hour before President Donald Trump announced the third tranche of tariffs would take effect Sept. 24. FedEx hasn’t yet seen “any significant shifts in the customer supply chain” as a result of the tariffs, he said. “However, if the situation continues for any amount of time, we do expect customers to diversify their supply chains and perhaps some of the trade patterns might change.” Subramaniam is confident that “the scale and flexibility of FedEx will enable us to deliver strong results in enterprise despite any uncertainty on trades and tariffs,” he said.
That the Section 301 tariffs on $200 billion worth of Chinese imports take effect Sept. 24 gives potential litigants little time to weigh a court challenge blocking the duties if they are going to act before they become effective (see 1809170051). The extremely quick turnaround time, published in a notice that U.S. Trade Representative Robert Lighthizer released late on Sept. 17, bore out worries that the Trump administration would release its order imposing the tariffs soon after the comments period expired Sept. 6.
International Trade Today is providing readers with some of the top stories for Sept. 10-14 in case they were missed.
China will impose new tariffs on oak wood veneer, non-electrical machines, makeup, copper and natural gas, which are all among the top-volume items in 3,571 U.S. imports that will be subject to 10 percent retaliatory tariffs at 12:01 a.m. on Sept. 24. Another 1,636 tariff lines will be subject to an additional 5 percent tariff, with bleached wood pulp, cow hides, optical media and needles and catheters among the highest-volume goods. Together, the two lists accounted for about $60 billion in imports last year. China's tariffs come in response a newly released list of goods from China to face Section 301 tariffs in the U.S. starting Sept. 24 (see 1809170051).
The Office of the U.S. Trade Representative released a notice with instructions for making product exclusion requests for the second tranche of Section 301 tariffs that took effect Aug. 23. Granted requests will apply for a year following publication of the exclusion determination in the Federal Register and will be effective retroactively back to Aug. 23, the notice said. The exclusions requests are due by Dec. 18 and responses to the requests "are due 14 days after the request is posted in docket number USTR-2018-0032" on regulations.gov, USTR said. "Any replies to responses to an exclusion request are due the later of 7 days after the close of the 14 day response period, or 7 days after the posting of a response." The instructions are similar to the USTR's instructions for exclusion requests from the first batch of Section 301 tariffs (see 1807160013).
CBP posted a new "reference guide" to the harmonized tariff schedule subheadings currently covered by the Section 301 25 percent tariffs. The guide simply lists the eight-digit subheadings included in the two lists. The first list of 818 subheadings took effect July 6 (see 1807050033) and the second list of 279 subheadings took effect Aug. 23 (see 1808160049).
The Consumer Technology Association “will decide our best course of action if and when the President imposes retaliatory tariffs,” said CTA President Gary Shapiro when asked if the association will sue the Trump administration to block proposed Section 301 tariffs from taking effect. The trade group filed its “objections” to the third tranche of Trade Act Section 301 tariffs on Chinese imports in Sept. 6 comments that also questioned the duties’ legality (see 1809070025).
A finalized list of coming Section 301 tariffs on China will be announced after the stock market closes, President Donald Trump told reporters at the White House on Sept. 17. "It will be a lot of money coming into the coffers of the United States of America," Trump said. "A lot of money coming in, but you’ll be seeing what we’re doing right after close of business today.". The Office of the U.S. Trade Representative proposed the third tranche of tariffs on about $200 billion worth of imports from China in July (see 1807100070).
The Miscellaneous Tariff Bill became law Sept. 13 with the signature of the president, the White House announced on Sept. 13. The tariff rate reductions on nearly 1,700 items will take effect Oct. 13 -- 30 days after enactment. The reductions, which will last through the end of 2020, only affect the Most Favored Nation rate and not Section 301 tariffs. The International Trade Commission developed the list, and most of the items are intermediate goods, but some are consumer goods that are not produced in the U.S.