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August 8, 2018

USTR Announces Second List of Products That Are Subject to Additional Duties

By Nate Bolin, Douglas J. Heffner, Kathleen M. Murphy, William R. Rucker, James L. Sawyer and Luke J. Karamyalil

The United States Trade Representative (USTR) has finalized a second list of products from China that will be subject to 25 percent retaliatory duties pursuant to the USTR’s Section 301 Report findings that “China’s acts, policies and practices related to technology transfer, intellectual property, and innovation are unreasonable and discriminatory, and burden U.S. Commerce.” These retaliatory duties, which cover an additional $16 billion in imported Chinese products, will go into effect on August 23, 2018.

As noted in our prior client alert, on June 15, 2018, the USTR released a list of 284 tariff lines that it proposed be subject to 25 percent retaliatory duties. Subsequent to an expedited notice and comment period, the USTR determined that all but five of the 284 tariff items should remain. Those five removed tariff provisions are listed below:

HTSUS Subheading Description
3913.10.00 Alginic acid, and its salts and esters, in primary forms
8465.96.00 Splitting, slicing or paring machines for working wood, cork, bone, hard rubber, hard plastics or similar hard materials
8609.00.00 Containers (including containers for transport of fluids) specially designed and equipped for carriage by one or more modes of transport
8905.90.10 Floating docks
9027.90.20 Microtomes


Similar to the first list of tariff provisions now subject to retaliatory 25 percent duties as of July 6, the USTR noted that it will implement a formal process to allow for exclusion requests for products impacted by this second list of additional tariffs. We expect the details regarding the exclusion procedure to be published in the Federal Register in the near future.

For further information, contact the members of the Customs and International Trade Team listed below.

The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.

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