USTR Opens Importer Section 301 Four Year Review Comment Period
USTR has announced the beginning of the process for importers and interested parties to comment on whether or how to continue the Section 301 duties, with the process opening on the USTR Portal from November 15, 2022, through January 17,2023.
Copies of the notice and the preview of USTR questions being addressed are available online at (notice)
and Four-Year Review Docket (preview of questions)
The preview of questions was posted on the USTR website on November 1st. The notice and questionnaire focus on obtaining substantive input on various factors, including the effectiveness of the Section 301 duties in addressing China intellectual property and competitiveness practices, the impact on the U.S. economy, domestic economic/business interests, and U.S. employees, and on other issues set out in the notice and questions.
USTR will only add the comment docket, and only accept comments through the portal beginning on November 15th. This advance look at the questions USTR will be addressing is an opportunity for those affected by the Section 301 duties to weigh in to substantiate the harm the Section 301 actions have imposed on them and the economy and is of particular importance for those who requested product exclusions, either during the creation of the original product listings or the subsequent temporary exclusion processes. In particular, the comment period is important for those who requested exclusions, or exclusion extensions, whether or not the exclusions were granted.
Interested parties should begin preparation of substantive comments as soon as possible to ensure consideration by USTR. We expect that USTR’s treatment of the process is an attempt to avoid the haphazard notice and comment process that resulted in the importer challenge to the legality of the Section 301 action currently pending at the Court of International Trade. The more effective the importer submissions, the more likely a different, more defensible Section301 regime will be put into effect.
If you have any questions, or need assistance in the comment process, contact Taylor Pillsbury or Michael Jackson at (949) 719-2712 or taylor.pillsbury@mscustoms.com and/or michael.jackson@mscustoms.com.