Section 301 Tariff List

Summary: In response to an investigation surrounding China’s failure to protect intellectual property and forced technology transfers, the Office of the United States Trade Representative (USTR) announced on April 3, 2018, its list of products for imposition of a proposed 25 percent ad valorem duty. The list, covering 1,300 tariff lines, is intended to be applied to about $50 billion worth of Chinese goods said to benefit from Beijing’s “made in China 2025” industrial policy. The list, which is provided in the Notice of Determination and Request for Public Comment in Resource # 1 below, covers a broad range of products including semiconductors, engines, agricultural and textile machinery, batteries, tires, “industrial robots,” medical products and instruments used in aeronautical and space navigation.

China’s cabinet, the State Council, immediately announced that China will retaliate with tariffs covering 105 categories of products affecting $50 billion of Chinese imports of U.S. products to match the U.S. proposal. Beijing has targeted the largest American exports – including sorghum and beef – but has also targeted products in the U.S. Farm Belt as well as autos and airplanes.

Neither the U.S. nor Chinese tariffs take effect immediately. Chinese officials said that they are watching how the U.S. implements its program.

Comments and Opportunity to be heard:  USTR has announced that public comments on the recommended tariffs are due May 11. The Section 301 Committee will hold a public hearing on May 15. Post-hearing comments are due May 22.

If you import a product on the list, you may wish to submit comments and/ or even testify at a public hearing.  Even if you are indirectly affected by the tariffs, you may wish to comment or testify. The tariffs could make equipment and inputs that you rely upon more expensive.


  1. Notice of Determination and Request for Public Comment Concerning Proposed Determination of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation –
  2. S. Trade Representative Report “Findings of the Investigation Into China’s Acts, Policies and Practices Related to Technology Transfer, Intellectual Property, and Innovation under Section 301 of the Trade Act of 1974 –
  3. Section 301 Fact Sheet –

Questions: Please contact Evelyn Suarez at or 202.552.0310 if you have questions regarding coverage or need assistance in submitting comments or wish to testify.

Evelyn Suarez Speaks at U.S. Trade Policy Panel on WTO Participation and Potential Violation

Evelyn Suarez spoke at the U.S. Trade Policy Panel on WTO Participation and Potential Violation, presented by the International Trade and Investment Law Society. The panel discussion took place on April 2, 2018, at the American University Washington College of Law in Washington, DC.

The program description reads:
Featuring experienced trade negotiators and WTO litigators to speak on both domestic and international impact of the recent tariffs on Steel and Aluminum, Section 301 investigation against China on intellectual property, Canada’s WTO challenge on US trade rule book; more generally, the legal implication of US trade policy, and new direction of Free Trade Agreement under the WTO.

Moderator: Patrick Macrory, Director, International Trade Law Center at International Law Institute; Partner, Appleton Luff
Warren H. Maruyama, Partner, Hogan Lovells
James R. Cannon, Jr., Partner, Cassidy Levy Kent
Evelyn M. Suarez, The Suarez Firm
Vanessa P. Sciarra, Vice President for Legal Affairs and Trade & Investment Policy, National Foreign Trade Council (NFTC)

Steel Exclusion Requests

Who can file?
Only individuals or organizations operating in the United States that use steel products (e.g., flat, long, semi-finished, pipe and tube, and stainless) in business activities (e.g., construction, manufacturing, supplying steel products to users) in the United States may submit an Exclusion Request.

Reasons for exclusions:

  1. Product is not produced in the United States in;
    1. a sufficient and reasonably available amount or
    2. a satisfactory quality
  2. Product needed to support a specific U.S. national security requirement (e.g, critical infrastructure or national defense systems)

Requirements: must contain information on

  1. Single type of steel product it requires using a 10-digit HTSUS code, including its specific dimension. A separate Exclusion request must be submitted on each distinct type and dimension of steel product to be imported.
  2. The quantity of product requirement (stated in kilograms) under a one-year exclusion
  3. A full description of the properties of the steel product it seeks to import, including chemical composition, dimensions, strength, toughness, ductility, magnetic permeability, surface finish, coatings, and other relevant data

Reasons for rejection

  1. Does not sufficiently address the specified reporting requirements
  2. Cites the improper HTSUS code
  3. Provides incorrect product descriptions

Where filed: Upload request to under Docket Number BIS-2018-0006

When:  Any time

Processing time: Approximately 90 days

Notifications: Posted on

For further information contact: or by phone at 202.482.5642

Questions: Given the fluid situation as to coverage and exclusions, you may have questions regarding the announced steel and aluminum tariffs.  Should you have any questions, please contact Evelyn Suarez at or 202.552.0310.

For the full post on the steel and aluminum tariffs, please see:

Steel and Aluminum Tariffs

TFA will take political will and private participation

This article by Evelyn Suarez first appeared on May 9th at Adam Smith Project.

WTO’s trade facilitation deal has sweeping potential but needs public and private buy-in

   It was big news, at least in international trade circles, when after 10 years of negotiations, the World Trade Organization finalized a Trade Facilitation Agreement (TFA) at its Ministerial Conference in Bali Dec. 7, 2013.

Read More