USTR Docket Opens for Filing Section 301 Chinese Tariff Exclusion Requests

With the publication of the Office of U.S. Trade Representative’s notice in Wednesday’s Federal Register on procedures for requesting exclusions from Trade Act Section 301 tariffs on Chinese imports (see 1807080001), docket USTR-2018-0025 for posting such requests became active in the regulations.gov portal. No requests were posted yet by our Friday deadline. Exclusion requests are due by Oct. 9, and if granted will apply for a year retroactively to July 6, said the notice. Once a request is posted, the public will have 14 days to file responses to that request, it said. After that 14-day period, “interested persons” will have seven days to reply to those responses, it said. Though Oct. 9 is the deadline for the exclusion requests, “international trade team” lawyers at BakerHostetler are “advising clients to file as soon as possible in anticipation of the large administrative backlog that they expect.” Though the Trump administration’s threat to impose 10 percent tariffs on an additional $200 billion worth of Chinese imports (see 1807110034) “doesn't necessarily raise the risk of an all-out trade war, the tariffs would affect some industries and individual corporate borrowers,” said S&P Global Friday. Together with the 25 percent tariffs enacted July 6 on $34 billion in Chinese imports and the proposal to impose tariffs on another $16 billion in goods, “the total amount of $250 billion now represents about half the value of China's annual exports to the U.S.,” it said. The absence of an immediate “tit-for-tat” retaliatory response from China “lends hope to the belief that China-U.S. trade negotiations aren't completely off the table,” said S&P. “We are obviously not sanguine about the risk. Our current base-case assumption is that the tariffs, if imposed, will not likely greatly affect either economy. However, they would affect some industries and individual corporations.” The U.S.-China friction already is contributing to “jitters in the financial markets and is coloring business investment decisions,” said S&P. If China wants to retaliate with tariffs on U.S. goods, it “can’t match” the $200 billion figure because American imports to China totaled only $130 billion last year, it said: “Should China opt to pursue non-tariff actions that affect services and investments, it could damage global business and consumer confidence, investment prospects, and growth.”