On May 13, 2019, the U.S. Trade Representative (“USTR”) issued a proposed List 4 which threatens to impose additional tariffs of up to 25% on “essentially all” Chinese products imported into the U.S. that were not covered by previous section 301 pronouncements. Pharmaceuticals, certain chemicals made into prescription pharmaceuticals, rare earth minerals and critical minerals are excluded from this latest action. The remaining product categories cover 3,805 full and partial tariff subheadings. The list includes toys, apparel, shoes, food and beverages, electronics, home goods and sporting goods. A copy of the full list can be found at:

https://www.govinfo.gov/content/pkg/FR-2019-05-17/pdf/2019-10191.pdf

As with the previous three tranches, the USTR will hold hearings and receive public comments as to why products should be removed before finalizing the list. The timeline for the hearing / written comments is as follows:

• June 10, 2019: due date for filing requests to appear and a summary of expected testimony at the public hearing.
• June 17, 2019: due date for submission of written comments.
• June 17, 2019: the Section 301 Committee will convene a public hearing in the main hearing room of the U.S. International Trade Commission, 500 E Street SW Washington DC 20436 that begins at 9:30 a.m.
• Seven days after the last day of the public hearing: due date for submission of post-hearing rebuttal comments.Should you have any questions regarding this development and/or wish to participate in the hearings or comment process, please do not hesitate to contact our firm.
• The precise timing of these additional tariffs is not known at this time but it is unlikely that the tariffs will be imposed before the end of June. These tariffs would be in addition to the normal rates of duty assessed on imported products.