Industry News

Section 301 Will Be Here for a While


The Biden Administration and the United States Trade Representative (USTR) have kept Section 301 Tariffs in place and have even discussed the possibility of new 301 actions due to China’s “non-market” behavior. It’s clear that the tariffs are not going away any time soon, but Katherine Tai did agree to review existing exclusions for COVID-related goods. The review includes an open comment period for reinstatement of exclusions that were previously extended but have since expired. For importers, reinstated or extended exclusions are their only option with the USTR’s firm stance on Section 301. On the other hand, some commenters may be against extensions/reinstatement as seen from Senator Brown (D-OH) and Senator Baldwin (D-WI).

In the end, of the 100 COVID and 549 expired exclusions open for comments, not all will be reinstated. The USTR is not currently considering any “new” exclusion requests.

Here are the two groups of goods with open comment periods:

  • USTR COVID Exclusions: This page includes the request for comments to extend the COVID exclusions, which has been extended until November 14th. These exclusions are still active.
  • USTR Reinstatement of Certain Exclusions Previously Extended: This page includes the notice for comments (Docket open October 12th – December 1st), a list of the 549 products under consideration, and the Requested Information document required for submitting comments.

 For Reference

 Below are links to articles and updates related to the Biden Administration’s China Policy, USTR Tai’s meeting with China, and a few industries who have sent letters to the administration regarding the tariffs. The Biden Administration and the USTR plan to continue a strong position in relation to China, which includes the tariffs staying in place.

USTR on Biden China Trade Approach

POLITICO: China tariffs stay in place as Biden trade chief looks to new talks

CNN: Pressure is growing on Biden to lift Trump’s tariffs as supply chain problems worsen

Reuters: U.S. trade chief Tai seeks talks with China, won’t rule out new tariff actions

FDRA Letter to Biden

Should you have any additional questions about Section 301 and the comment period please contact M.E. Dey’s Compliance Director, Margaret Lange.