U.S. Trade Representative Initiates Four-Year Review of Section 301 Tariffs

Date: 05/05/2022

On May 3, 2022, the U.S. Trade Representative (“USTR”) announced a statutory two-phase review of the Section 301 tariffs on Chinese-origin goods. USTR also published a Federal Register Notice draft describing the process for filing requests for extension of the tariffs.

Phase 1 of the review consists of a 60-day comment period for domestic producers that benefit from the tariffs to submit requests for continuation of the tariff actions. This window will be May 7 through July 5, 2022, for List 1 tariffs and June 24 through August 22, 2022, for List 2 tariffs. (In separate guidance, USTR provides that representatives of domestic industries that benefit from List 3 or List 4A tariff actions “should submit continuation requests under the portals established for both [List 1 and List 2] trade actions.”) If no domestic producer, or representative of a domestic producer, submits to the USTR during the respective 60-day comment period, the tariff action will terminate upon its four-year anniversary, i.e., July 6, 2022, for List 1 tariffs, and August 23, 2022, for List 2 tariffs.

If USTR receives requests to extend the tariff actions from domestic producers, USTR will announce the continuation of the tariff and Phase 2 of the review will begin. In Phase 2 of the review, interested parties may submit comments on, among other matters, “the effectiveness of the action in achieving the objectives of Section 301, other actions that could be taken, and the effects of such actions on the United States economy, including consumers.”

  If you have any questions regarding the USTR’s four-year review of Section 301 tariffs, please do not hesitate to contact the attorneys at Torres Trade Law, PLLC.