USTR for Now Keeping Aug. 20-23 Tariff Hearings Schedule Unchanged, Says Notice

Written comments and post-hearing rebuttals are due Sept. 6 on the third round of the Trump administration’s proposed Trade Act Section 301 tariffs on Chinese imports, after U.S. Trade Representative Robert Lighthizer said Wednesday he will “consider” hiking the duties to 25 percent from 10 percent (see 1808010018), said his office in a Friday "extended comment period" notice to be published Tuesday in the Federal Register. The agency scrapped its original Aug. 17 deadline for written submissions, extending it to Sept. 6, the same day post-hearing rebuttals are due, having been extended from Aug. 30. It also extended to Aug. 13 the deadline that expired July 27 for filing written requests to appear at four days of public hearings on the proposed tariffs. The scheduled Aug. 20 start date of the hearings “has not changed,” but the hearings may be extended beyond their current Aug. 23 conclusion, “depending on the number of additional interested persons who request to appear,” said the notice. “I have not heard about any additional days added to the schedule for the public testimony,” David Cohen, a trade expert with Sandler Travis, emailed us Friday. “Perhaps before deciding to do so, they will wait until the August 13th deadline to evaluate how many requests ultimately get filed before deciding about expanding the number of days.” Even with hard restrictions limiting each witness to five minutes of oral testimony, it remains to be seen how Lighthizer’s office can possibly accommodate so many witnesses in just four days of hearings, since well more than 400 had filed requests to appear in docket USTR-2018-0026 through Friday, the vast majority saying they want to testify against the tariffs.