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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city

Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref. : EIC 111/2/18
EIC 111/3
EIC 111/3/13
CR EIC 111/1/13/3

7 May 2020

Dear Sirs,

Commercial Information Circular No. 382/2020

US : Section 301 Tariffs on Mainland Products Worth US$200 billion - Seeking Public Comments on Extension of the Initial 11 Batches of Products Excluded from 25% Tariffs for Up to Twelve Months

The US Trade Representative (USTR) posted a Federal Register (FR) notice on 6 May 2020 seeking public comments on whether to extend the initial 11 batches of products excluded from 25% tariffs imposed on Mainland products worth approximately US$200 billion ("List 3") under the Section 301 investigation. The product exclusions granted under the initial 11 batches are set to expire on 7 August 2020 and the USTR will consider extending certain exclusions for up to 12 months. Written comments should be submitted to the US from 1 May 2020 to 8 June 2020.

DETAILS

2.On 24 September 2018, the US imposed an additional tariff of 10% on Mainland imports worth approximately US$200 billion ("List 3") under the Section 301 investigation. The tariff was increased from 10% to 25% on 10 May 2019. The USTR also initiated an exclusion process for stakeholders to submit requests for the exclusion of specific products from the additional tariffs. Subsequently, the USTR announced a total of 13 batches of excluded products from August 2019 to May 2020. For details, please refer to Commercial Information Circular nos. 594/2019, 703/2019, 771/2019, 811/2019, 858/2019, 900/2019, 12/2020, 89/2020, 138/2020, 218/2020, 249/2020, 346/2020 and 381/2020 dated 5 August 2019, 19 September 2019, 24 October 2019, 8 November 2019, 27 November 2019, 13 December 2019, 3 January 2020, 5 February 2020, 21 February 2020, 16 March 2020, 24 March 2020, 24 April 2020 and 6 May 2020 respectively.

3.On 6 May 2020, the USTR posted a FR notice seeking public comments on whether to extend the initial 11 batches of products excluded from 25% tariffs imposed on Mainland products worth approximately US$200 billion ("List 3"). The product exclusions granted under the initial 11 batches are set to expire on 7 August 2020 and the USTR will consider extending certain exclusions for up to 12 months. The comment process has the following important dates and features:

  • The online portal for submitting comments (https://comments.USTR.gov) will open on 1 May 2020.
  • The Docket Number is USTR–2020–0015.
  • The deadline for submitting comments is 8 June 2020 at 11:59 pm Eastern Time.

4.The USTR will evaluate possible extension of each exclusion on a case-by-case basis and the focus of the evaluation will be whether the particular product remains available only from China. It will also consider whether the imposition of additional duties on the products covered by the exclusion will result in severe economic harm to the commenter or other US interests. Commenters are invited to address specifically:

  • Whether the particular product and/or a comparable product is available from sources in the US and/or in third countries.
  • Any changes in the global supply chain since September 2018 with respect to the particular product, or any other relevant industry developments.
  • The efforts, if any, the importers or US purchasers have undertaken since September 2018 to source the product from the US or third countries.

5.For details, please refer to the FR notice: https://www.govinfo.gov/content/pkg/FR-2020-05-06/pdf/2020-09653.pdf

ENQUIRIES

6.For enquiries concerning the content of this circular, please contact Miss K Y HO at telephone number 2398 5405.

Yours faithfully,

(Miss Ivy TAM)
for Director-General of Trade and Industry

Note: While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.