Paul Gluckman

It’s impossible to forecast how many product-specific exemptions to the Section 301 tariffs on Chinese imports the Office of the U.S. Trade Representative will grant “because we’re in uncharted territory,” David Cohen, a trade expert with Sandler Travis, told a Sports & Fitness Industry Association webinar Oct. 11. With Tuesday’s deadline having lapsed for requesting exemptions to the first round of tariffs that took effect July 6, USTR denied 108 requests of the more than 10,000 filed and has yet to grant a single exemption, Cohen said.

Reclassifying Chinese imports into Harmonized Tariff Schedule codes for goods not exposed to Section 301 tariffs is perhaps the least understood, most underused strategy that companies can try for minimizing the duties’ impact, a UPS executive said during an Oct. 3 webinar on high-tech supply chains. “If you’re not participating in what that classification process looks like, you’re taking a risk, I would say, at a minimum,” said Ron Shepherd, vice president at UPS Trade Management Services.

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.

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).

The Trump administration should pursue a “plurilateral agreement among the world’s largest economies” to curb China’s allegedly unfair trade practices, commented IBM in docket USTR-2018-0026 in opposition to the third tranche of Section 301 tariffs on Chinese imports. IBM thinks that a global agreement with China’s “largest trade and investment partners” could help “establish broad new norms,” it said.

The Information Technology Industry Council, like the Consumer Technology Association (see 1809070025), questions whether President Donald Trump's proposed third tranche of 25 percent Section 301 tariffs on $200 billion worth of Chinese imports "is legal" under the 1974 Trade Act, spokesman Jose Castaneda said in a Sept. 10 email. ITI has made no “final decision” whether to pursue “litigation” against the administration to block the tariffs from taking effect, he said.

Continuing the “tit-for-tat tariff escalation” with China by enacting a third tranche of proposed Section 301 duties on $200 billion worth of Chinese imports “only serves to expand the harm to more U.S. economic interests, including farmers, families, businesses, and workers,” wrote the National Customs Brokers & Forwarders Association of America, the National Retail Federation and 148 other trade groups in a letter to U.S. Trade Representative Robert Lighthizer at the Sept. 6 deadline for comments in docket USTR-2018-0026. “Unilaterally imposing tariffs on hundreds of billions of dollars in goods invites retaliation,” said the groups, which also included the National Association of Foreign-Trade Zones, the American Association of Exporters and Importers, the Information Technology Industry Council and the Telecommunications Industry Association. Implementing the first two rounds of tariffs July 6 and Aug. 23 “has not resulted in meaningful negotiations or concessions” from the Chinese, they said.

As critics continue ratcheting up their opposition to the Trump administration’s proposed third round of Section 301 tariffs on $200 billion in Chinese imports, it remains to be seen how the Office of the U.S. Trade Representative will accommodate all who have requested to testify in five-minute slots during four days of public hearings scheduled to begin Aug. 20. Well more than 300 people in various industries filed requests in docket USTR-2018-0026 by the July 27 deadline to appear at the hearings, virtually all of them to say they'll testify against the tariffs.

The U.S. trade relationship with China "significantly impacts” Consumer Technology Association member companies, large and small, because they “rely on the global supply chain -- including China -- to conduct business,” said Sage Chandler, CTA vice president-international trade. She asked to appear at Aug. 20-23 public hearings to oppose 10 percent Section 301 tariffs proposed in a July 10 Office of the U.S. Trade Representative notice. CTA members identified 302 tariff lines of Chinese imports in the notice, accounting for more than $109 billion in value, for which 10 percent duties “would be detrimental to their business,” Chandler said in her July 27 filing. CTA is still gathering “relevant data” on the tariffs’ possible impact on members, and the numbers she cited may need to be “updated” by the time written comments are due Aug. 17, she said.

The Consumer Technology Association wants the Office of the U.S. Trade Representative to remove 54 tariff lines from the list of imports from China targeted for a second tranche of 25 percent Trade Act Section 301 duties, said Sage Chandler, vice president-international trade, in comments filed July 23 in docket USTR-2018-0018. Chandler also testified at the USTR’s public hearing on July 24. The 54 tariff lines were well more than double the 22 Harmonized Tariff Schedule product codes that Chandler said CTA members had identified nearly four weeks ago for exclusion from the new list of duties (see 1807100025). Tariffs on the proposed products “will harm the very industries they seek to protect, all while failing to influence China's behavior or help the administration's stated goal of eliminating China’s discriminatory trade practices,” Chandler said in her latest comments.