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‘Immediately’ Disclose 'Process' for Adding Products to Tariffs List, Groups Urge USTR

The National Customs Brokers & Forwarders Association of America, the National Retail Federation and 50 other trade groups in various industries want the Office of the U.S. Trade Representative to “immediately make public” the details of the process it will use to add more Chinese-sourced products to the proposed 25 percent tariffs list, they said in comments dated May 22. “We strongly believe there needs to be additional public input for any products that USTR is considering adding to the proposed list,” said the comments, which also were signed by the Consumer Technology Association, the Toy Association and the Home Furnishings Association.

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The groups want the agency to publish a “full listing” in the Federal Register of any Harmonized Tariff Schedule product codes “being considered for addition to the proposed tariff list,” and give “the rationale and criteria” for adding those products, they said. USTR also should “provide an opportunity for stakeholders to comment on any such products being considered,” they said. May 22 was the deadline for comments rebutting statements made during three days of public hearings held by the International Trade Commission for the purpose of gathering information to help refine the list of products subject to 25 percent tariffs (see 1805150044, 1805160031, and 1805170042), and was the agency’s last solicitation for feedback on the proposed tariffs.

The groups objected to comments calling for products to be added to the tariffs list. "Several stakeholders testified at the hearing and in their written submissions to request the addition of certain products, including finished products, to the proposed tariff list," they said. "We strongly oppose the addition of products, both components and finished goods, to the proposed tariff list, and urge you to reject proposals to add products to the proposed tariff list."

A group of companies mostly involved in apparel also commented on a textile industry push for clothing to be included on any subsequent Section 301 tariff list (see 1805170049). "We are writing to express our very strong opposition to proposals made by some in the textile industry to impose a hidden, regressive tax on U.S. consumers by levying tariffs on U.S. textile and apparel imports from China," said the companies, which include Gap, Kate Spade, Macy's, Target and Walmart. "Please reject this damaging proposal and continue to keep textiles, apparel, footwear, and travel goods off any final Section 301 product tariff list," the companies said.

The National Council of Textile Organizations offered a full list of 8-digit HTS subheadings for apparel and textile goods that it believes deserve inclusion on a Section 301 tariff list in its post-hearing comments. The NCTO provided the list "based on questions raised at the hearing in regard to identifying specific advanced textile products," it said. The group noted "this list is designed and intended to provide a good sampling of high performance textile inputs and finished products but does not represent the totality of advanced textiles."