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ARTICLE · 08 NOVEMBER 2022

USTR Releases Section 301 China Tariff Necessity Review Comment Form

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On November 1, USTR released a comment form prescribing the submission format for public comments in the "necessity review" process for the Section 301 China tariffs.

GlobalInternational Law
Akin Gump Strauss Hauer & Feld LLP
Akin Gump Strauss Hauer & Feld LLP
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Key Points

  • On November 1, USTR released a comment form prescribing the submission format for public comments in the "necessity review" process for the Section 301 China tariffs. USTR first announced the public comment phase of the necessity review in October. It will open the docket for comments from November 15, 2022 to January 17, 2023.
  • The comment form seeks detailed stakeholder input on the economy-wide and industry-specific impact of the tariffs, and on whether tariffs on specific HTSUS subheadings should be maintained, eliminated, modified or added. The process thus appears to be an opportunity to seek "permanent exclusions" for specific tariff subheadings.
  • The USTR form is now requesting significantly more information than identified in the initial Federal Register notice announcing the public comment phase of the review. This poses a significant burden on stakeholders seeking to participate in this process.

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