chinese imports 301 tariffs

Update - Exclusion Requests: On July 6, 2018, the U.S. Trade Representative (USTR) announced the exclusion process for Chinese products subject to Section 301 tariffs. Effective July 6, 2018, an additional 25 percent tariff will be assessed on 818 products (Annex A and B) imported from China, covering a trade value of approximately $34 billion in 2018.

The Federal Register notice outlines the criteria and process for a product exclusion request. In making its determination on each request, USTR may consider whether a product is available from a source outside of China, whether the additional duties would cause severe economic harm to the requestor or other U.S. interests, and whether the particular product is strategically important or related to Chinese industrial programs including “Made in China 2025.”

Important dates and deadlines:
  • The public will have 90 days to file a request for a product exclusion; the request period will end on Oct. 9, 2018.
  • Following public posting of the filed request on, the public will have 14 days to file responses to the request for product exclusion. After the close of the 14-day response period, interested persons will have an additional seven days to reply to any responses received in support of or opposition to the request.
  • Exclusions will be effective for one year upon the publication of the exclusion determination in the Federal Register, and will apply retroactively to July 6, 2018.
Exclusions will be made on a product basis and will apply to all imports of the product, regardless of whether the importer filed a request. The U.S. Customs and Border Protection will apply the tariff exclusions based on the product.

Update: On June 15, 2018, the Trump administration released a statement and two lists of imports from China valued at $50 billion that would be subject to an additional 25 percent tariff. The decision follows a Section 301 investigation conducted by the Office of the U.S. Trade Representative (USTR) on China’s acts, policies and practices related to technology transfer, intellectual property and innovation.

The products announced today are divided into two lists that have been “identified by the interagency Section 301 Committee as benefiting from Chinese industrial policies, including the ‘Made in China 2025’ industrial policy”:
  • The first list contains 818 products that were included on the original proposed list published on April 6. U.S. Customs and Border Protection will start collecting duties on these products effective July 6.
  • The second list contains 284 new products that have been recommended to be added to the tariff list. These proposed products will undergo a review process, including a comment period and public hearing.
USTR will provide an opportunity for the public to request exclusion of a particular product from the additional 25 percent duty. Additional details regarding the second list review process and exclusion process will be released in a subsequent Federal Register notice.

The president’s announcement also states that the administration will pursue additional tariffs if China engages in retaliatory measures, including new tariffs on U.S. goods or other trade barriers.

Additional links with details can be found here: The Auto Care Association supports the administration's efforts to protect U.S. intellectual property, but regrets that the administration has neglected to evaluate the economic harm to the cost of repair and maintenance of the family autos and the unintended consequences of trade restrictions on the average American family.
Update: On May 29, 2018, President Trump announced that the U.S. will be moving forward with taking steps to protect domestic technology and intellectual property from unfair trade practices by China as a result of the Section 301 investigation.

"The United States will impose a 25 percent tariff on $50 billion of goods imported from China containing industrially significant technology, including those related to the “Made in China 2025” program. The final list of covered imports will be announced by June 15, 2018, and tariffs will be imposed on those imports shortly thereafter."

A White House Fact Sheet on on the Section 301 Investigation can be found here.
Update: The Auto Care Association submitted comments to and testified before the Office of the U.S. Trade Representative regarding the impact of the proposed Section 301 actions on the auto care industry.
On April 3, 2018, the U.S. Trade Representative (USTR) released a proposed list of goods imported from China that would be subject to an additional duty of 25 percent pursuant to its Section 301 investigation on China’s unfair trade practices related to the forced transfer of U.S. technology and intellectual property.

The proposed list, covering approximately 1,300 products at the 8-digit HTS tariff level, would be imposed on approximately $50 billion worth of Chinese imports, including products identified to be benefiting from Chinese industrial policies (e.g., Made in China 2025). The list covers a range of products including chemicals, pharmaceuticals, metals (steel, aluminum), machinery, equipment, vehicles (auto, ships, aircraft), arms/ammunition and seats (aircraft, motor vehicles).

USTR is conducting a full review of the proposed action through a comment and hearing process. After completion of the full review, USTR will issue a final notice on the products subject to the tariffs.

The Auto Care Association is seeking input on how our members would be impacted by the proposed action. Please contact Paul Fiore and Angela Chiang if you would like to include information in our submission to USTR regarding any of the products listed on the proposed tariff list.

Companies and organizations can also submit comments individually. See Timeline and Comment/Hearing Process sections below for a template and additional information.

Automotive Parts:

Below are products included on the Section 301 proposed tariff list that are classified as “automotive parts” based on the Office of Transportation and Machinery (OTM) Automotive Parts Product Listings or through member input. It is not an exhaustive list of all auto-related parts. Please refer to the full proposed list as released by USTR when reviewing your specific imports.

HTS-8 Description
Miscellaneous Parts
38200000 Antifreezing preparations and prepared de-icing fluids
40091200 Tubes, pipes and hoses of vulcanized rubber other than hard rubber, not reinforced or combined w/other materials, with fittings
Chassis/Drivetrain 40094200
Tubes, pipes and hoses of vulcanized rubber other than hard rubber, reinforced or combined with other materials nesoi*, with fittings
Auto Tires and Tubes 40121980
Retreaded pneumatic tires (nonradials), of rubber, not elsewhere specified or included
Chassis/Drivetrain 73181600 Iron or steel, nuts
Chassis/Drivetrain 73202010 Iron or steel, helical springs, suitable for motor-vehicle suspension
Bodies and Parts 83021030 Iron or steel, aluminum, or zinc hinges and base metal parts thereof, designed for motor vehicles
84122100 Hydraulic power engines and motors, linear acting (cylinders)
84135000 Reciprocating positive displacement pumps for liquids, not fitted with a measuring device, nesi
Engines and Parts 84139110 Parts of fuel-injection pumps for compression-ignition engines
Engines and Parts 84139190 Parts of pumps, nesi
Electric Components 84143080 Compressors of a kind used in refrigerating equipment (incl. air conditioning) exceeding 1/4 horsepower
Engines and Parts 84145930 Turbocharger and supercharger fans
Electric Components 84159080 Parts for air conditioning machines, nesi
Chassis/Drivetrain 84213940 Catalytic converters
Engines and Parts 84213980 Filtering or purifying machinery and apparatus for gases, other than intake air filters for internal combustion engines or catalytic conv.
Miscellaneous Parts 84311000 Parts suitable for use solely or principally with the machinery of heading 8425
84811000 Pressure-reducing valves for pipes, boiler shells, tanks, vats or the like
84812000 Valves for oleohydraulic or pneumatic transmissions (VVT Solenoids)
Chassis/Drivetrain 84821050 Ball bearings other than ball bearings with integral shafts
Chassis/Drivetrain 84822000 Tapered roller bearings, including cone and tapered roller assemblies
Chassis/Drivetrain 84824000 Needle roller bearings
Chassis/Drivetrain 84825000 Cylindrical roller bearings nesi
84834090 Gears and gearing, other than toothed wheels, chain sprockets and other transmission elements entered separately
84839010 Chain sprockets and parts thereof (timing chain kits)
Electric Components 85013245 DC motors nesi, of an output exceeding 14.92 kW but not exceeding 75 kW, used as primary source of mechanical power for electric vehicles
Electric Components 85079040 Parts of lead-acid storage batteries, including separators therefor
Electric Components 85256010 Transceivers
Electric Components 85364100 Relays for switching, protecting or making connections to or in electrical circuits, for a voltage not exceeding 60 V
Electric Components 85443000 Insulated ignition wiring sets and other wiring sets of a kind used in vehicles, aircraft or ships
90329061 Parts and accessories for automatic regulating or controlling instruments and apparatus, nesi
Bodies and Parts 94019010 Parts of seats nesoi, for seats of a kind used for motor vehicles
*The abbreviations “nesoi” and “nesi” mean “not elsewhere specified or included”.


April 23, 2018
Due date for filing requests to appear and a summary of expected testimony at the public hearing and for filing pre-hearing submissions
May 11, 2018
Due date for submission of written comments
May 15, 2018
Public Hearing at the U.S. International Trade Commission (Washington, D.C.)
May 22, 2018
Due date for submission of post-hearing rebuttal comments

Comment/Hearing Process:

USTR is conducting a full review of the proposed action through a comment and hearing process to evaluate:
  • Specific products that should be retained, removed or added;
  • Level of tariff rate; and
  • Aggregate level of trade impacted by duties.
Additionally, USTR requests commenters to address whether imposing duties on a particular product would be effective in addressing China’s policies and practices; and whether maintaining or imposing additional duties on a particular product would cause disproportionate economic harm to U.S. businesses and consumers.

All written submissions are due May 11, 2018 and can be sent electronically on, docket number USTR-2018-0005. Please review the notice on how to send submissions containing business confidential information. All public submissions will be posted for public inspection.

The Section 301 Committee will hold a public hearing on May 15, 2018 at 10 a.m. ET at the U.S. International Trade Commission in Washington, D.C. Requests to appear at the hearing and a summary of the testimony is due by April 23, 2018.

Company Submission Template - USTR has developed a public comment form to assist companies with the submission process. You may utilize the form or submit your own letter/comments.

The Auto Care Association is also seeking input on how our members would be impacted by the proposed action. Please contact Paul Fiore and Angela Chiang if you would like to include information in our submission to USTR regarding the impact of the proposed action on your business or our industry.
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