Recent China 301 Activities – USTR Questions Released

Written by Susan Kohn Ross

Updated 5:30pm PST, November 8, 2022.

The 301 litigation at the Court of International Trade remains pending. The Government has filed its “Reply to comments on [R]emand [Determination]” responding to comments filed by Plaintiffs. Thereafter, Plaintiff’s will file their reply which is due by December 5, 2022. Once that filing takes place, the three judge panel will let litigants know whether it will permit oral argument or render its judgment based on the pleadings. More to come so please continue to stand-by.

On a more upbeat note, the U.S. Trade Representative (“USTR”) recently published a preview of the questions which will be asked of those who choose to submit comments regarding the renewal of the 301 tariff on goods from China. To be clear, the comments will cover all four (4) lists of goods, but the portal to file those comments does not open until November 15, 2022.

USTR also explained the questions are separated into sections which invite views at “increasing levels of specificity. Section A invites views at the economy-wide level; Section B invites views at the sector/industry level; and Section C invites views at the level of tariff headings.” The intention is that submitters are free to respond to as many sections as they deem appropriate.

As before, Business Confidential Information may be filed, as well as attachments. The way the questions are worded does still leave the option for submitters to criticize the 301 tariffs, but frankly, a large chunk of the questions is devoted to asking for input about how else the tariffs could be applied. There is also a section asking what other products should be made subject to the 301 tariff.

For more information or assistance with submissions, feel free to contact us.

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