China Retaliatory Tariffs

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Los Angeles – March 11, 2019: Crowell & Moring LLP is broadening its ability to help multinational clients navigate global expansion and regulatory compliance in China and the Asia Pacific by adding four international trade and global employment lawyers: partners Nicole J. Simonian and Evan Yee-Fan

Last updated on 1/17/2019: India Retaliatory Tariffs on goods of US origin- effective date now 1/31/2019.

Unofficial spreadsheet with Final 301 list, partial list, and HTS’ removed added.

U.S. Trade Actions

Action Covered Products Rate Increase Effective Date
Section 232 Steel and Aluminum Steel – 25%
Aluminum – 10%
6/1/2018
Status: Steel – all countries of origin except South Korea, Brazil, and Argentina (agreed to quotas); and Australia (exempted).

Aluminum – all countries of origin except Argentina (agreed to quota); and Australia (exempted).

Beginning August 13, steel articles covered by Section 232 from Turkey are subject to an ad valorem duty rate of 50%.

On October 24, South Africa was granted exemptions on 161 aluminum and 36 steel products by the Commerce Department.

Section 232 Autos and Automotive Parts TBD TBD
Status: For the latest status, please click here.
Section 301 For the final list of products in List 1, please click here.

For the final list of products in List 2, please click here.

For the final list of products in List 3, please click here.

25%

25%

10%

25%

7/6/2018

8/23/2018

9/24/2018

TBD

Status: List 1 totaling $34 billion worth of imports is composed of 818 tariff lines, and went into effect on 7/6/2018.

List 2 totaling $16 billion worth of imports was originally composed of 284 proposed tariff lines identified by the interagency Section 301 Committee. 279 of the 284 lines went into effect on 8/23/2018.

For full details on List 2, please click here.

List 3 totaling approximately $200 billion of imports was originally composed of 6,031 tariff lines. 5,745 full and partial lines go into effect on 9/24/2018.

For full details on List 3, please click here.

Unofficial searchable and filterable spreadsheet with Current U.S. Section 301 Tariff Lists (Updated for Final List 3)

Retaliatory Actions

Canada For covered products, please click here. Table 1 – 25%
Table 2 – 10%
Table 3 – 10%
7/1/2018
Status: The Canadian government received over 1,000 submissions of public feedback during public consultations on its original list.

Canada is imposing countermeasures against C$16.6 billion in imports of steel, aluminum, and other products from the U.S., representing the value of 2017 Canadian exports affected by the U.S. tariffs.

EU For covered products, please click here. Annex I – 10% or 25%
Annex II – 10% – 50%
Annex I – 6/22/2018
Annex II – 3/23/2021 or 5th day after WTO Dispute Settlement Body rules against the U.S. action, whichever is first.
Status: For the latest status, please click here.
Mexico For the translated list of covered products, please click here. 7% – 25% (pages 1-4)

10% – 15% (page 5)

6/5/2018

7/5/2018

Status: Most retaliatory measures effective as of 6/5/2018. An “exception” list is effective on 7/5/2018.
China (Response to Section 232 Tariffs) For covered products, please click here. Annex I – 15% – 25% 4/3/2018
Status: See above.
China (Response to Section 301 Tariffs) For covered products in List 1, please click here.

(Unofficial Version)

25% 7/6/2018
For covered products in List 2, please click here.(Unofficial Version) 25% 8/23/2018
For covered products in List 3 (announced August 3), please click here.(Unofficial Version) Annex 1 and 2 – now 10%

Annex 3 – now 5%

Annex 4 – remains 5%

(Originally 1-3 were 25, 20, and 10 percent, respectively)

9/24/2018
Status: List 1 is composed of 545 tariff lines, and goes into effect on 7/6/2018.

List 2 contains 333 tariff lines on U.S. goods worth $16 billion. Start date is 8/23/2018.

List 3 contains 5,207 tariff lines on U.S. worth $60 billion. Start date is 9/24/2018.

India For covered products, please click here. Up to $10.6 billion;
Annex I – 5% – 100%
1/31/2019
Status: The U.S. declined India’s request for WTO consultations.
Japan For covered products, please click here. Up to $1.91 billion TBD – no earlier than March 23, 2021, or the 5th day following the date of a decision from the WTO DSB, whichever comes first.
Status: No update since May 18, 2018. Ambassador Lighthizer is holding trade talks with Economy Minister Motegi in July. Under Secretary McKinney is also leading a trade mission to Japan to discuss a possible bilateral trade deal.
Russia For covered products, please click here. Additional Tariffs of 25, 30, 35, or 40% 8/6/2018
Status: On August 6, 2018, Russia began imposing additional tariffs on selected U.S. products.
Turkey For covered products, please click here. Up to $1.78 billion;
Annex I – 5% – 40%Increased certain duties by 4 to 140%
 

6/21/2018

8/15/2018

Status:


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NOTE – this post was updated on 9/19/2018 to reflect the change in retaliation duties on affected U.S. goods.

In a press release issued on August 1, United States Trade Representative (USTR) Robert Lighthizer announced the President directed him to consider increasing the proposed level of the additional duty on the latest Section 301

On August 8, China released its list of retaliatory tariffs on $16 billion in U.S. goods. This was in direct response to the USTR’s announcement on August 7 of the final List 2 of Section 301 tariffs on $16 billion in Chinese imports. The Chinese Ministry of Finance’s list released today includes an additional 219

On July 10, 2018, U.S. Trade Representative (USTR) Robert Lighthizer announced that at President Trump’s request, USTR has initiated the process of imposing an additional 10 percent ad valorem duty on approximately $200 billion worth of imports from China including apparel, textiles, chemicals, and agricultural & aquacultural goods.

The USTR statement includes a link to

This week will see the implementation of previously announced tariff increases from the U.S., China, and Mexico.

Thursday, July 5 – Section 232 (Mexico)

Mexico will implement the second round of its retaliation for the U.S.’ increased tariffs on imports of certain steel and aluminum products with additional tariffs of 10-15% on pork and cheese

On June 20, 2018, the U.S. Trade Representative (USTR) announced in the Federal Register that, beginning on July 6, 2018, an additional 25% duty will be imposed on products from China set out in Annex A of the notice. The USTR also released details on the public hearing and comments schedule regarding additional proposed tariffs

On June 15, China’s State Council announced it would retaliate against new U.S. tariffs stemming from its Section 301 investigation of China’s unfair trade practices related to the “forced transfer of American technology and intellectual property”.

The list of retaliatory tariffs expanded some 106 types of products China originally disclosed in April in response to

On April 3, 2018, the Office of the U.S. Trade Representative (USTR) released the proposed list of Chinese products that could be subject to an additional 25 percent tariff as part of the Section 301 probe into Chinese IP practices.

USTR recommended that a 25 percent tariff be applied to $50 billion worth of Chinese