China

U.S. International Trade Commission

Section 701/731 Proceedings

Investigations
  • Steel Trailer Wheels from the People’s Republic of China: On May 2, 2019, the ITC released the schedule of the final phase of Countervailing Duty and Antidumping Duty Investigations.
  • Fresh Tomatoes from Mexico: On May 14, 2019, the ITC announced that it would terminate its review of the subject merchandise since there is no longer a suspension agreement in place.
  • Steel Wheels from the People’s Republic of China: On May 17, 2019, the ITC announced its final determinations in the Antidumping Duty and Countervailing Duty investigations and found that the importation of steel wheels has caused material injury to a U.S. industry.
  • Laminated Woven Sacks from Vietnam: On May 30, 2019, the ITC announced its final determinations in the Antidumping Duty and Countervailing Duty investigations and found that the importation of the subject merchandise has caused material injury to a U.S. industry.

Investigations

  • Glycine from India: On May 1, 2019, Commerce released its final determinations for both the Antidumping Duty and Countervailing Duty Investigation.
  • Glycine from the People’s Republic of China: On May 1, 2019, Commerce released its final affirmative Countervailing Duty determination.
  • Glycine from Japan: On May 1, 2019, Commerce issued its final Antidumping Duty determination.
  • Large Diameter Welded Pipe: On May 2, 2019, Commerce issued an amended final affirmative antidumping determination and antidumping duty order to the following countries: Greece
  • Turkey
  • Republic of Korea
  • Certain Quartz Surface Products from the People’s Republic of China: On May 23, 2019, Commerce released both the final affirmative Countervailing Duty and final affirmative Antidumping Duty determinations.

USTR Publishes Notice on Increase in Section 301 List 3 Tariff Rate

On May 8, 2019, USTR released its federal register notice on the tariff increase for the third tranche (List 3) Section 301 tariffs on China. The duty rate on the estimated $200 billion worth of Chinese products will increase from 10% to 25% effective 12:01am ET on Friday, May 10, 2019. The notice also announces that an exclusion process will be instituted for these products in a separate notice.

The rate increase to 25% means that entries of goods

  1. entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on May 10, 2019, and
  2. exported to the United States on or after May 10, 2019 will now be subject to an additional tariff of 25%. Entries must be subject to both qualifiers-meaning that if a shipment has been exported prior to May 10, 2019 it will still be subject to the 10% duty rate.  However, if the shipment is exported after 12:01am ET on May 10 the 25% duty rate will apply. To see our full post, click here.

Late Friday, May 31, 2019, the Office of the U.S. Trade Representative (“USTR”) announced that they would extend the time frame for the application of increased tariffs on shipments of goods exported from China prior to May 10, 2019.   The increase from 10% to 25% in duties was announced on May 8th and was set to be applicable on all imports starting on June 1, 2019.   The USTR has now revised its earlier announcement and has stated that shipments must be entered before midnight on June 15, 2019 in order to remain subject to the 10% duty rate.  Any entries after midnight on June 15, 2019 will be subject to the increased rate of 25% announced on May 8, 2019.

On Tuesday, May 21, 2019, USTR and the Office of Management and Budget (“OMB”) published in the Federal Register a request for comments on the Section 301 exclusion process for Tranche 3 tariffs which were increased from 10% to 25% on May 10, 2019. The notice also included a draft exclusion request form for the List 3 products. The draft exclusion request form includes more data requirements on U.S. and third-party sourcing, overall gross revenue, and on whether the company has applied for and/or received previous exclusion requests.

On Wednesday, May 15, 2019, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) announced in a press release that it would add Huawei Technologies Co. Ltd. (“Huawei”) and additional Huawei affiliates to BIS’s Entity List.  BIS’s initial press release stated that this designation would become effective upon its publication in the Federal Register (which is scheduled for May 21, 2019).  However, a copy of the designation action posted in the Federal Register Public Inspection List on Thursday, May 16, 2019 stated that the designation would take effect on its May 16 Public Inspection List display date.  BIS explained that it is making this designation because it determined that “[T]here is reasonable cause to believe that Huawei has been involved in activities contrary to the national security or foreign policy interests of the United States.”  Among other reasons, BIS specifically cited Huawei’s Superseding Indictment in the US District Court for the Eastern District of New York for violating US sanctions against Iran.

On May 13, 2019, the Office of the U.S. Trade Representative (USTR) released another round of proposed tariffs on Chinese goods worth roughly $325 billion. If these new tariffs come into effect, this would be the fourth round of tariffs in the ongoing and escalating trade war between the two countries. This proposed list of new tariffs came in response to China’s retaliatory tariff increase on $60 billion worth of U.S. products which was in response to the U.S.’s sudden and unprecedented increase of tariffs to 25% on the third round of Section 301 goods which had been in effect since September 24, 2018.