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Fashion Industry Affected by USTR’s Proposed 10 Percent Ad Valorem Tariff on Imports from China

By Frances P. Hadfield & Cherie Walterman on August 13, 2019
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In June 2018, the Office of the United States Trade Representative (USTR) announced additional tariffs on products imported from China. The additional tariffs are part of the U.S.’ response to China’s unfair trade practices related to “the forced transfer of American technology and intellectual property” pursuant to Section 301 of the Trade Act of 1974. To date, three lists of tariffs against China have been posted.

Today, August 13, 2019, the USTR released two additional lists (List 4A and List 4B) of products that will be subject to a 10% tariff that will directly affect the Fashion Industry, particularly apparel and clothing accessories, footwear, and hats.

This list will go into effect September 1, 2019. The ad valorem tariff could potentially impact approximately $42 billion worth of imported apparel.

List 4A covers the following:

Footwear articles (91 tariff lines);
Apparel and clothing accessories (e.g., scarves, gloves, trousers, suits, blouses, shirts, skirts)(356 tariff lines); and
Headwear products (hair-nets, safety headgear of reinforced or laminated plastics, and safety headwear) (3 tariff lines).

List 4B (the second list of products subject to the tariffs) will not go into effect until December 15, 2019.  It will include an additional 56 lines of footwear articles; and 35 lines of apparel and clothing accessories.

List 4A: Effective as of September 1, 2019

List 4B: Effective as of December 15, 2019

USTR also indicated that it will launch an exclusion request process for products subject to the additional 10 percent ad valorem tariff.

The complete list of Chinese Tariffs, Trade Actions, and Retaliatory Measures is available here.

Photo of Frances P. Hadfield Frances P. Hadfield

Frances P. Hadfield is a counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving…

Frances P. Hadfield is a counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving customs compliance, audits, customs enforcement, as well as import penalties.

Frances represents clients before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit, as well as in proceedings at the administrative level. She advises corporations on both substantive federal and state regulatory issues that involve U.S. Customs and Border Protection, the Federal Trade Commission, Food and Drug Administration, and U.S. Fish & Wildlife in matters pertaining to product admissibility, audits, classification, import restrictions, investigations, marking, licenses, origin, penalties, and tariff preference programs.

Read more about Frances P. HadfieldEmail
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  • Posted in:
    Antitrust, Competition and Trade
  • Blog:
    Retail & Consumer Products Law Observer
  • Organization:
    Crowell & Moring LLP
  • Article: View Original Source

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