December ’22 at-a-glance … taxes, tariffs & trade

Member input needed to inform Section 301 review comments

Comments to the U.S. Trade Representative (USTR) for its statuary four-year review of the Section 301 tariffs on imports from China are due noon, Jan. 17, 2023. USTR is seeking input via a questionnaire divided into three sections: economy-level impacts, sector/industry-level impacts and comments on specific tariff headings included in the Harmonized Tariff Schedule. NAFEM will submit comments reflecting member input.

“NAFEM has been addressing the tariffs since they were implemented in 2018 and we’re not going to stop now,” said Charlie Souhrada, CFSP, NAFEM vice president regulatory and technical affairs. “New data and anecdotes from members will help make our case as compelling as possible.”

Information to include in NAFEM’s comments should be sent directly to Christine Sohar Henter, NAFEM legal counsel, Barnes & Thornburg. NAFEM and USTR will treat members’ information confidentially. NAFEM also will contribute to and participate in comments with the Americans for Free Trade (AFT), the Coalition of American Metal Manufacturers and Users (CAMMU) and the Tariff Reform Coalition (TRC).

USTR extends exclusions of COVID-related products from Section 301 tariffs

COVID-related product exclusions have been extended through Feb. 28, 2023, by the USTR. The exclusions cover 81 medical-care products. Additional information is in the Federal Register notice.

Section 301 refund case with judges

Final USTR and plaintiff comments have been filed in the Section 301 lawsuit that addresses the criteria the USTR used to remove certain products and assign different tariffs rates to items on Lists 3 and 4 of the Section 301 tariffs on imports from China. The three-judge panel in the U.S. Court of International Trade (CIT) is expected to rule by Feb. 5, 2023.