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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 11 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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The U.S. Trade Representative (USTR) released a <a href="https://ustr.gov/about-us/policy-offices/press-office/press-releases/2019/august/ustr-announces-next-steps-proposed" target="_blank" rel="noopener">press statement</a> announcing the list of imports from China that will face a Section 301 10 percent tariff (see also <a href="https://www.trumpandtrade.com/2019/05/china-retaliates-united-states-announces-additional-section-301-tariffs-as-trade-negotiations-falter/">Trump and Trade Update of May 14, 2019</a>). Implementation of the tariff on approximately $300 billion worth of Chinese products will occur in two phases. For most products, the tariff will go into effect on September 1, 2019, as announced by President Donald Trump on August 1, 2019 (see <a href="https://www.trumpandtrade.com/2019/08/president-trump-tweets-that-united-states-will-implement-10-tariff-september-1-on-300-billion-of-imported-chinese-product/">Trump and Trade Update of August 1, 2019</a>). The USTR determined, however, that certain products should be spared the tariff until December 15, 2019. In its statement, the USTR announced that certain products have been removed from the tariff list based on health, safety, national security and other factors and will not be assessed the 10 percent tariff.
<a href="https://www.thompsonhinesmartrade.com/wp-content/uploads/sites/783/2019/09/Aug13_-_List_4A__Effective_September_1__2019_.pdf" target="_blank" rel="noopener">List 4A</a> (additional tariffs as of September 1, 2019) includes but is not limited to the following broad categories of products imported from China: certain live animals; various forms of animal carcasses and meat cuts; certain milk, butter, yogurt and creams; certain fats and oils; certain cheeses; certain flower bulbs, trees, plants and shrubs; certain vegetables, fruits and nuts; certain coffee and teas; certain spices and extracts; certain prepared meats; certain sugars, powders and syrups; certain mixes for bakers wares; certain pastas and cereals; certain forms of ice cream and edible ice; certain forms of wine, brandy, whiskies, rum and other alcoholic beverages; certain tobacco products; various organic chemicals and essential oils; certain plastic and rubber articles; certain rawhides and animal skins; certain printed books, newspapers, pictures and other products of the printing industry; various woven and knitted fabrics; certain items of men&rsquo;s/boys&rsquo; and women&rsquo;s/girls&rsquo; and baby clothing; numerous types of gloves, mittens, shawls and scarves; certain bed linens and bedspreads; certain items of footwear; certain cutlery, ceramic and glassware items for household table or kitchen purposes; certain natural or cultured pearls, precious or semi-precious stones, precious metals; certain articles made of iron or steel; certain alloy or nonalloy steel; certain items made from aluminum, and other articles made of base metal; certain boilers, machinery and mechanical appliances; certain electrical machinery and equipment; certain sound recorders, loudspeakers and recording and video devices; certain televisions, video monitors and projectors; certain motorcycles; tanks and warships; contact lenses and certain corrective eyewear and sunglasses; certain cameras; various wristwatches and clocks; certain wind, stringed, keyboard, percussion and other musical instruments; military weapons; certain sporting good articles for hockey, lacrosse, baseball, badminton and fishing; and certain pens and pencils.
<a href="https://www.thompsonhinesmartrade.com/wp-content/uploads/sites/783/2019/09/Aug13_-_List_4B__Effective_December_15__2019_.pdf" target="_blank" rel="noopener">List 4B</a> (additional tariffs as of December 15, 2019) includes but is not limited to the following broad categories of products imported from China: certain food products; certain organic chemicals; cell phones, laptop computers, video game consoles; certain toys; computer monitors; certain items of footwear; certain items of men&rsquo;s/boys&rsquo; and women&rsquo;s/girls&rsquo; clothing; certain pet toys; certain paper products; certain woven and knitted fabrics; numerous types of gloves, mittens, shawls and scarves; fireworks; certain bed linens and bedspreads; various umbrellas; certain cutlery, ceramic and glassware items for household table or kitchen purposes; copying machines; flashlights; certain radio broadcast receivers; certain cameras and projectors; various types of clocks and watches; certain string musical instruments; certain infant chairs and booster seats; certain play yards for children; certain articles for Christmas festivities; certain sporting good articles for hockey, baseball, badminton and fishing; and certain toiletry and hair products.
There are products with similar descriptions covered under each list. Only by reviewing and comparing the appropriate HTS subheading and product description will U.S. importers be able to determine which list covers an imported Chinese product.
The USTR will soon publish in the Federal Register additional details and lists of the tariff lines affected by today&rsquo;s announcement. The USTR confirmed that it intends to conduct an exclusion request process for products subject to this 10 percent tariff but has not announced when it will begin.

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SmarTrade

USTR Finalizes Section 301 Tranche/List 4 of Chinese Products Facing a 10 Percent Tariff & Announces Postponement of Tariff for Certain Products