Written by Su Ross

When the USTR Report was published, the question was when will the official Federal Register notice appear?  We now know it is May 28, 2024 and can be found here. What we also know is USTR has invited comments from interested parties which are due no later than June 28, 2024.

The Federal Register notice starts on Page 46252.  The relevant annexes start on Page 46256.  USTR has proposed the following timeline. If there is an increase in the 301 tariff in 2024, it would become effective on August 1, 2024, and increases in 2025 and 2026 become effective on January 1 of the corresponding year.

Annex A indicates the rate increase of the China tariff and in what year it takes effect. Annex B lists those products which would be considered for exclusion (only in Chapters 84 and 85). Annex C lists the solar products which are considered for exclusion. To the extent any of the exclusions are finalized, they would be valid through May 31, 2025. What is not listed anywhere is what is to happen to the existing exclusions which expire on May 31, 2024, and we will address those in our next Alert.

In the comments, USTR wants to hear from interested parties and will pose certain questions to which responses are due. The portal itself can be found at https://comments.ustr.gov/s/, but is not open until May 29, 2024. However, the questions are available and can be found here. Feel free to contact us with any questions or comments. If you plan to file comments, make sure to contact your professional advisors or MSK for assistance.