The USTR formally confirmed today, August 13, the previously tweeted announcement by President Trump to apply 10% additional tariffs under Section 301 to the products from China contained on List 4. The announcement indicates that the List has been split into two parts, with List 4A tariffs effective on September 1, 2019, while the products on List 4B will be covered by the increased rates beginning on December 15, 2019. It remains unclear whether the dates refer to the date of shipment from China or the date of entry into the United States, although it appears likely that it will be the date of entry.

List 4A includes most basic steel mill products not already included on previous Lists, from semifinished in HTS 7307 through pipe and tube in HTS 7308. The additional duties will be on top of any duties applied under Section 232, as well as any duties from antidumping or countervailing duty cases.

https://cdn.ymaws.com/aaei.siteym.com/resource/resmgr/docs/list_4a__effective_september.pdf

The USTR does advise that the office will institute a procedure for requesting exemptions for specific products, similar to that in place for previous Lists.

Importers with goods on the water that will arrive close to the effective dates should work with their brokers to ensure the earliest possible date of entry, for example by pre-filing an entry so that the date of arrival in the port will become the date of entry.

The USTR Notice is available at https://ustr.gov/about-us/policy-offices/press-office/press-releases/2019/august/ustr-announces-next-steps-proposed. Additional details ae to be published in the Federal Register.

Steven W. Baker

AIIS Customs Committee Chair

swbaker@swbakerlaw.com

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