Tariff-Related Measures

Skadden's 2019 Insights

Michael E. Leiter Ivan A. Schlager Donald L. Vieira Jonathan M. Gafni Daniel J. Gerkin Nicholas A. Klein

Tariff-related measures targeting Chinese imports into the United States, including tariffs on more than $250 billion in Chinese imports as a consequence of China’s alleged unfair intellectual property-related practices pursuant to Section 301 of the Trade Act of 1974, were implemented throughout 2018. The Section 301 tariffs were rolled out in three tranches, with the third targeting approximately $200 billion in Chinese imports. Currently, such imports are subject to a 10 percent tariff, but the tariff will be escalated to 25 percent on March 2, 2019 (as with tranches 1 and 2) if the governments of the United States and China do not meaningfully resolve their various trade issues.

The Office of the U.S. Trade Representative recently announced the first set of products excluded from the tariffs imposed on items covered by the first tranche but has yet to respond to all pending requests pertaining to the first and second tranches. There is no corollary product exclusion process for items currently subject to 10 percent tariffs under the third tranche.

This memorandum is provided by Skadden, Arps, Slate, Meagher & Flom LLP and its affiliates for educational and informational purposes only and is not intended and should not be construed as legal advice. This memorandum is considered advertising under applicable state laws.

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