On July 2, 2019, the U.S. Trade Representative (“USTR”) announced that additional products of the European Union (“EU”) are being considered for inclusion in the list of products that may be subject to additional, Sec. 301, tariffs of up to 100%. The list of 89 additional tariff subheadings are valued at approximately $4 billion in import trade value, and includes products such as cheeses, pasta, meats, olives, fruit, waffles, certain condiments and seasonings, whiskies and certain metals.
If the USTR ultimately concludes that some, or all, of these 89 tariff provisions should be included in the possible Sec. 301 action, these tariff provisions would be added to the earlier list that was published on April 12, 2019, in connection with the enforcement of U.S. rights in its World Trade Organization (“WTO”) dispute against the EU concerning EU subsidies of large civil aircraft. A link to the earlier list is available here: https://www.gdlsk.com/possible-retaliatory-duties-on-products-from-the-european-union/. The USTR has advised that “the final list will take into account the report of the WTO Arbitrator on the appropriate level of countermeasures to be authorized by the WTO” in the large civil aircraft case.
The USTR has invited interested persons to participate in the decision-making process concerning the proposed 89 tariff subheadings as follows:
- July 24, 2019: deadline for requesting to appear at a public hearing concerning imposition of additional tariffs on the 89 tariff subheadings;
- August 5, 2019: due date for submission of written comments;
- August 5, 2019: public hearing in Washington, DC begins at 9:30AM;
- August 12, 2019: due date for submission of post-hearing rebuttal comments.
Significantly, the USTR noted that if “the Arbitrator issues its decision prior to completion of the public comment process on the supplemental list [of 89 tariff subheadings], the USTR may immediately impose increased duties on the products included in the initial [April 12, 2019] list, and take further possible actions with respect to products on the supplemental list.”
If you are interested in participating in these proceedings, please contact our office to speak with one of our attorneys.
The list of 89 tariff subheadings that are being considered by the USTR for inclusion in the proposed Sec. 301 list is as follows:
| HTS Subheading | |
| 0203.22.90 | Frozen hams, shoulders and cuts thereof, with bone in, other than retail cuts |
| 0203.29.40 | Frozen meat of swine, other than retail cuts, nesoi |
| 0403.90.85 | Fermented milk o/than dried fermented milk or o/than dried milk with added lactic ferments |
| 0403.90.90 | Curdled milk/cream/kephir & other fermented or acid. milk/cream subject to add US note 10 to Ch.4 |
| 0403.90.95 | Curdled milk/cream/kephir & other fermented or acid. milk/cream subj to GN 15 or Ch4 US note 10 |
| 0404.10.05 | Whey protein concentrates |
| 0405.20.20 | Butter substitute dairy spreads, over 45% butterfat weight, subject to quota pursuant to chapter 4 additional US note 14 |
| 0405.20.30 | Butter substitute dairy spreads, over 45% butterfat weight, not subj to gen note 15 and in excess of quota in ch. 4 additional US note 14 |
| 0405.20.80 | Other dairy spreads, not butter substitutes or of a type provided for in chapter 4 additional US note 1 |
| 0405.90.10 | Fats and oils derived from milk, other than butter or dairy spreads, subject to quota pursuant to chapter 4 additional US note 14 |
| 0406.10.44 | Fresh (unripened/uncured) edam and gouda cheeses, cheese/subs for cheese cont or processed therefrom, subj to Ch4 US note 20, not GN15 |
| 0406.10.48 | Fresh (unripened/uncured) edam and gouda cheeses, cheese/subs for cheese cont or processed therefrom, not sub to Ch4 US note 20, not GN15 |
| 0406.10.54 | Fresh (unripened/uncured) Italian-type cheeses from cow milk, cheese/substitutes cont or proc therefrom, subj to Ch4 US nte 21, not GN15 |
| 0406.10.58 | Fresh (unripened/uncured) Italian-type cheeses from cow milk, cheese/substitutes cont or proc therefrom, not subj to Ch4 US note 21 or GN15 |
| 0406.20.51 | Romano, reggiano, provolone, provoletti, sbrinz and goya, made from cow’s milk, grated or powdered, subject to add US note 21 to Ch.4 |
| 0406.20.53 | Romano, reggiano, provolone, provoletti, sbrinz and goya, made from cow’s milk, grated or powdered, not subj to Ch4 US note 21 or GN15 |
| 0406.20.77 | Cheese containing or processed from Italian-type cheeses made from cow’s milk, grated or powdered, subject to add US note 21 to Ch. 4 |
| 0406.20.79 | Cheese containing or processed from Italian-type cheeses made from cow’s milk, grated or powdered, not subject to add US note 21 to Ch. 4 |
| 0406.20.87 | Cheese (including mixtures), nesoi, n/o 0.5% by wt. of butterfat, grated or powdered, not subject to add US note 23 to Ch. 4 |
| 0406.30.51 | Gruyere-process cheese, processed, not grated or powdered, subject to add. US note 22 to Ch. 4 |
| 0406.30.55 | Processed cheeses made from sheep’s milk, including mixtures of such cheeses, not grated or powdered |
| 0406.30.79 | Processed cheese cont/procd from Italian-type, not grated/powdered, not subject to add US note 21 to Ch. 4, not GN15 |
| 0406.30.85 | Processed cheese (incl. mixtures), nesoi, n/o 0.5% by wt. butterfat, not grated or powdered, subject to Ch4 US note 23, not GN15 |
| 0406.40.54 | Blue-veined cheese, nesoi, in original loaves, subject to add. US note 17 to Ch. 4 |
| 0406.90.16 | Edam and gouda cheese, nesoi, subject to add. US note 20 to Ch. 4 |
| 0406.90.41 | Romano, Reggiano, Parmesan, Provolone, and Provoletti cheese, nesoi, from cow’s milk, subject to add. US note 21 to Ch. 4 |
| 0406.90.42 | Romano, Reggiano, Parmesan, Provolone, and Provoletti cheese, nesoi, from cow’s milk, not subj to GN 15 or Ch4 US note 21 |
| 0406.90.43 | Reggiano, Parmesan, Provolone, and Provoletti cheese, nesoi, not from cow’s milk, not subject to gen. note 15 |
| 0406.90.68 | Cheeses & subst. for cheese(incl. mixt.), nesoi, w/romano/reggiano/parmesan/provolone/etc, f/cow milk, not subj. Ch4 US note 21, not GN15 |
| 0711.20.18 | Olives, n/pitted, green, in saline sol., in contain. > 8 kg, drained wt, for repacking or sale, subject to add. US note 5 to Ch. 7 |
| 0711.20.28 | Olives, n/pitted, green, in saline sol., in contain. > 8 kg, drained wt, for repacking or sale, not subject to add. US note 5 to Ch. 7 |
| 0711.20.38 | Olives, n/pitted, nesoi |
| 0711.20.40 | Olives, pitted or stuffed, provisionally preserved but unsuitable in that state for immediate consumption |
| 0811.90.80 | Fruit, nesoi, frozen, whether or not previously steamed or boiled |
| 0812.10.00 | Cherries, provisionally preserved, but unsuitable in that state for immediate consumption |
| 0812.90.10 | Mixtures of two or more fruits, provisionally preserved, but unsuitable in that state for consumption |
| 0813.40.30 | Cherries, dried |
| 0901.21.00 | Coffee, roasted, not decaffeinated |
| 0901.22.00 | Coffee, roasted, decaffeinated |
| 1601.00.20 | Pork sausages and similar products of pork, pork offal or blood; food preparations based on these products |
| 1602.41.20 | Pork hams and cuts thereof, not containing cereals or vegetables, boned and cooked and packed in airtight containers |
| 1602.41.90 | Prepared or preserved pork hams and cuts thereof, not containing cereals or vegetables, nesoi |
| 1602.42.20 | Pork shoulders and cuts thereof, boned and cooked and packed in airtight containers |
| 1602.42.40 | Prepared or preserved pork shoulders and cuts thereof, other than boned and cooked and packed in airtight containers |
| 1602.49.10 | Prepared or preserved pork offal, including mixtures |
| 1602.49.20 | Pork other than ham and shoulder and cuts thereof, not containing cereals or vegetables, boned and cooked and packed in airtight containers |
| 1602.49.40 | Prepared or preserved pork, not containing cereals or vegetables, nesoi |
| 1602.49.90 | Prepared or preserved pork, nesoi |
| 1902.11.20 | Uncooked pasta, not stuffed or otherwise prepared, containing eggs, exclusively pasta |
| 1902.11.40 | Uncooked pasta, not stuffed or otherwise prepared, containing eggs, nesoi, including pasta packaged with sauce preparations |
| 1902.19.20 | Uncooked pasta, not stuffed or otherwise prepared, not containing eggs, exclusively pasta |
| 1902.19.40 | Uncooked pasta, not stuffed or otherwise prepared, not containing eggs, nesoi, including pasta packaged with sauce preparations |
| 1902.20.00 | Stuffed pasta, whether or not cooked or otherwise prepared |
| 1902.30.00 | Pasta nesoi |
| 1905.32.00 | Waffles and wafers |
| 2005.70.12 | Olives, green, not pitted, in saline, not ripe |
| 2008.40.00 | Pears, otherwise prepared or preserved, nesoi |
| 2008.60.00 | Cherries, otherwise prepared or preserved, nesoi |
| 2008.70.20 | Peaches (excluding nectarines), otherwise prepared or preserved, not elsewhere specified or included |
| 2008.97.90 | Mixtures of fruit or other edible parts of plants, otherwise prepared or preserved, nesoi (excluding tropical fruit salad) |
| 2009.89.65 | Cherry juice, concentrated or not concentrated |
| 2101.11.21 | Instant coffee, not flavored |
| 2103.90.80 | Mixed condiments and mixed seasonings, not described in add US note 3 to Ch. 21 |
| 2208.30.30 | Irish and Scotch whiskies |
| 2208.30.60 | Whiskies, other than Irish and Scotch whiskies |
| 2814.10.00 | Anhydrous ammonia |
| 2814.20.00 | Ammonia in aqueous solution |
| 3102.10.00 | Urea, whether or not in aqueous solution |
| 3102.21.00 | Ammonium sulfate |
| 3102.29.00 | Double salts and mixtures of ammonium sulfate and ammonium nitrate |
| 3102.30.00 | Ammonium nitrate, whether or not in aqueous solution |
| 3102.40.00 | Mixtures of ammonium nitrate with calcium carbonate or other inorganic nonfertilizing substances |
| 3102.50.00 | Sodium nitrate |
| 3102.60.00 | Double salts and mixtures of calcium nitrate and ammonium nitrate |
| 3102.80.00 | Mixtures of urea and ammonium nitrate in aqueous or ammoniacal solution |
| 3102.90.01 | Mineral or chemical fertilizers, nitrogenous, nesoi, including mixtures not specified elsewhere in heading 3102 |
| 7202.92.00 | Ferrovanadium |
| 7303.00.00 | Cast iron, tubes, pipes and hollow profiles |
| 7307.11.00 | Cast nonmalleable iron, fittings for tubes or pipes |
| 7407.10.50 | Refined copper, bars and rods |
| 7407.21.90 | Copper-zinc base alloys (brass), bars & rods nesoi, not having a rectangular cross section |
| 7409.11.50 | Refined copper, plates, sheets and strip, in coils, with a thickness over 0.15mm but less than 5 mm |
| 7409.21.00 | Copper-zinc base alloys (brass), plates, sheets and strip, in coils |
| 7409.29.00 | Copper-zinc base alloys (brass), plates, sheets and strip, not in coils |
| 7409.31.50 | Copper-tin base alloys (bronze), plates, sheets and strip, in coils, with a thickness o/0.15mm but less than 5mm & a width of 500mm or more |
| 7409.31.90 | Copper-tin base alloys (bronze), plates, sheets and strip, in coils, w/thickness o/0.15mm but less than 5mm & a width of less than 500mm |
| 7409.40.00 | Copper-nickel base alloys (cupro-nickel) or copper-nickel-zinc base alloys (nickel silver), plates, sheets and strip, w/thickness o/0.15mm |
| 7409.90.90 | Copper alloys (o/than brass/bronze/cupro-nickel/nickel silver), plates, sheets & strip, w/thick. o/0.15mm but less th/5mm & width less 500mm |
| 7410.11.00 | Refined copper, foil, w/thickness of 0.15 mm or less, not backed |
