Trade and Tariffs
NAMM supports free and fair trade. Review the recent informational webinar, including exemption-filing procedures and ongoing updates about the impact of the 2020 Chinese trade agreement.
NAMM Supports Free Trade
On behalf of 10,400 global members, NAMM believes that a strong and vibrant music and pro audio products and entertainment technology industry is important to the educational and cultural vitality, as well as the economic prosperity of all countries. As a trade association, NAMM will continue in our efforts to proactively engage elected officials to keep the lines of dialogue and trade open and urge U.S. and world leaders to reaffirm a commitment to such.
Ongoing updates and resources will continue to be posted to this page. Resources below include policy updates from the U.S. Trade Representative, The U.S. Chamber of Commerce, and The National Retail Federation.
To contact NAMM's Public Affairs and Government Relations team, email email@example.com
March 18, 2020: NAMM and the Americans for Free Trade Coalition Urge Swift Tariff Policy Relief
A coalition of 160 retailers, including NAMM and manufacturers and other business groups, hit hard by the tariffs and foreign retaliation, sent a letter to President Trump urging him to take “swift action on a policy that would provide tax relief to millions of American farmers, manufacturers, families, and consumers without having to wait on action from Congress.”
The U.S. still has 7.5 percent and 25 percent duties on more than $350 billion worth of Chinese goods, although the two countries signed a phase one trade agreement in January. Those duties have been left in place as leverage to obtain additional Chinese concessions in a phase two negotiation that has been expected to begin this year — at least before the coronavirus outbreak.
March 2, 2020: The new United States-Mexico-Canada Agreement (USMCA)
On November 30, 2018, the United States reached an agreement with Mexico and Canada in the renegotiation of the North American Free Trade Agreement. While the United States, Mexico, and Canada have completed a new agreement, NAFTA currently remains in effect. Each country must now follow its domestic procedures before the agreement can be ratified and take effect. It is expected that Canada will ratify the USMCA next month.
The Congressional Research Service prepares briefings for Members of Congress. You may access the Congressional Research Service’s ‘NAFTA and the USMCA Summary” to learn more about the agreement.
- Pg. 26 Digital Trade
- Pg. 27 Intellectual Property Rights (IPR)
- Pg. 28 Patents
- Pg. 29 Copyrights and Trademarks
- Pg. 30 Trade Secrets and Geographical Indications (GIs)
- Pg. 31 IPR Enforcement and Cultural Exemptions
To view the full text of the agreement between the United States, Mexico, and Canada, click here.
To view the main USMCA webpage, click here.
NAMM monitors trade issues and provides periodic updates on advocacy efforts and pending legislation. Please visit this page regularly.
February 10, 2020: List 4A Reduction CSMS Message, Additional List 3 Exclusions Granted
U.S. Customs and Border Protection has issued a Cargo Systems Messaging Service message regarding the February 14 reduction of the List 4A tariffs from 15% to 7.5%, providing guidance for the updated Customs procedures.
On January 31, 2020, the United States Trade Representative ("USTR") issued a further round of product exclusions pertaining to the Section 301 List 3 currently subject to a 25% tariff. The new list includes 52 specifically crafted product descriptions that cover 117 separate exclusion requests. The products affected include seafood, bicycles and bicycle tires, printed circuit boards, and faucets and valves of various metals. The exclusions are retroactive to when the tariffs were implemented on September 24, 2018 and will expire on August 7, 2020. This is the eighth round of tariff exclusions for List 3.
On February 4,The Wall Street Journal reported that the USTR had granted about 35% of the exemption requests for List 1 and 2 while only 3% of List 3 exemption requests had been granted. NOTE: According to a Mercatus Center update from December, exemption requests for Lists 1 and 2 totaled approximately 14,000, while exemption requests for List 3 totaled over 30,000. According to that report, only 5,000 of the 30,000 List 3 requests had been adjudicated; however, the WSJ’s initial 3% figure reflects those requests easiest to discard such as improperly submitted requests, etc., while more steps are required to arrive at an approval decision.
Current tariff snapshot:
- Products on HTC lists 1, 2, and 3, are currently tariffed at 25%
- Products on HTC list 4A (stringed instruments, pianos, wind instruments, percussion, keyboards, accessories and more) are currently subject to a 7.5% tariff
- Products on HTC list 4B (some stringed instruments, stands and some accessories) are not currently subject to additional tariffs
NAMM will continue to closely monitor this issue. Please check here often for updates and new resources.
January 7, 2020: Phase-One Deal Planned
Recently, President Trump relayed plans to sign a phase-one trade deal with China in Washington on Jan. 15th. The President says under the phase-one deal the tariffs on HTC lists 1, 2, and 3 would remain at 25% and tariffs on HTC list 4A could be halved from 15% to 7.5%; however, at this writing, items on list 4A currently remain subject to a 15% tariff.
December 13, 2019: December 15th Chinese Tariff Increase for list 4B, Suspended
In light of progress in the negotiations with China, the U.S. Trade Representative has released a limited agreement with China that averts the imposition of new tariffs on various consumer products, toys, iPhones, some stringed instruments, stands and various music accessories scheduled for Sunday, December 15. The agreement, referred to as a "phase one” deal, codifies what was agreed to in principle in October. It requires China to significantly increase its purchases of U.S. agricultural goods, open its financial services sector, and enact new intellectual property protections.
The 15% tariffs on List 4B scheduled to take effect on December 15, 2019, are suspended until further notice. USTR expects to issue a notice reducing the rate of additional tariffs on List 4A products in the near future.
Policy Webinar - Exemption Request Procedures for Chinese Tariff Lists 4A and 4B
Industry experts review the current tariff exemption process for lists 4A and 4B that include musical instruments and accessories. NAMM members share their own experience with the exemption request process, and updates on trade negotiations provided. Access the complete recording here. Nov. 5 Webinar Q&A summary here.
Recording timestamp key:
- 3:40 Chinese Tariffs: Background and Current State of Play
- 8:10 The Exclusion Request Process: Step-by-Step
- 20:24 NAMM Member Field Report: Gator Cases Exclusion Request
- 31:10 Contacting Your Member of Congress
- 35:00 Policy Rationale Talking Points
October 24, 2019: Exclusion Request Procedures Announced for Chinese Tariff List 4
The Office of the U.S. Trade Representative announced this week that it will establish a process for U.S. businesses to request an exclusion from tariffs placed on products on the HTS code lists 4A and 4B. Products on list 4A (stringed instruments, pianos, wind instruments, percussion, keyboards, accessories and more) are currently subject to a 15% tariff; products on list 4B (some stringed instruments, stands and some accessories) will be subject to a 15% tariff beginning on Dec. 15, 2019. The web portal for submitting exclusion requests for products on lists 4A and 4B will be open from Oct. 31, 2019 until Jan. 31, 2020.
October 11, 2019: U.S. Delays Oct. 15 Tariff Increase
President Trump said today that the U.S. and China have reached a “phase one" trade agreement. The President will therefore not move forward with another round of tariff increases against China that had been set to take effect on October 15th, which would have raised some tariffs from 25% to 30%.
The "phase one" agreement will take three weeks to write and would conclude around mid-November. The President said there will be a second phase of negotiations. The first phase agreement would be signed when the President meets with Chinese President Xi Jinping in mid-November at the Asia-Pacific Economic Cooperation leaders’ summit.
October 8, 2019: International Trade Commission (ITC) Begins Accepting Tariff Petitions in October
On October 11th, ITC will begin accepting petitions for the 2020 Miscellaneous Tariff Bill (MTB). The process occurs every three years and gives companies the opportunity to temporarily reduce the cost of tariffs when importing their goods to the United States. Companies that send petitions to the ITC may be granted tariff-free or reduced tariff costs for their imports for a period of time, so long as the goods being imported don't compete with a good made in the U.S. and the tariff revenue lost is less than $500,000 per year.
Petitions can be submitted by going to the MTB Petition System website here.
Call to Action:
The current recourse to these actions is via the US Congress. Concerned NAMM members may contact their member of congress and outline your company’s specific impact with planned and proposed tariff increases. An urgent phone call would also be appropriate, followed by an email to the contact person provided via your phone call.
My name is ______ and my business is ______ (name, city, state). I am calling with an URGENT appeal to (name of congressman/woman) to work today and every day to resolve the current trade and tariff war with China. We need (name of congressman/woman) to work deliberately to address this current trade crisis that will (provide details of how the current trade/tariff war will directly impact your business and community)
Will you please have the congressman/woman contact me directly so I can discuss this matter? I cannot overstate the urgency of this matter to my music business, my employees and their families who I work hard to support and my customers that include students and families in public schools.
I will be actively monitoring the work of (name of congressman/woman,) and if needed, I will call your office frequently. (leave your contact info: name, title, business, email/phone)
- In addition to contacting your member of congress in their DC office, contact the local (in your district, or state) office of your member of congress.
- Contact your local Chamber of Commerce, connect with other businesses and together contact your members of Congress and collaborate on efforts.
- Listen: NAMM’s Field Report
NAMM’s Field Report: short conversations with NAMM members engaged in advocacy on issues impacting their business and the music products industry at large.
LISTEN: Mike Kamphuis, managing director of Conn-Selmer’s division of education, speaks about meeting with Mike Dankler, chief of staff to his congressional representative, Jackie Walorski on the topic of future tariffs that will likely affect his business in Elkhart, Indiana.
- Update, 9/11/19: President Trump Delays Tariff Increase
September 11, 2019: President Trump Delays Tariff Increase
Today President Donald Trump tweeted that he will be delaying the increased tariffs on $250 billion in Chinese goods set to take effect on Oct. 1, to Oct. 15, as a “gesture of goodwill” to China. This impacts HTS lists 1, 2, and 3, all currently tariffed at 25%, now increasing to 30% on October 15.
Politico is reporting that President Donald Trump's top advisers “are rushing to find an escape hatch for a series of tariff increases in the coming months, worried about the potential for further economic damage.” Some advisers are arguing that the economic hit is real and must be mitigated prior to the election year. The discussions, however, remain "fluid” and Trump has yet to endorse an approach. Bloomberg today reported about a potential interim trade deal with China, however, a CNBC report indicated that was not the case. U.S. and Chinese officials plan to meet later this month to discuss a way forward.
- Update, 8/26/19: New Tariffs Starting September 1st - NAMM Joins Call for Immediate Resolution
August 26, 2019: New Tariffs Starting September 1st - NAMM Joins Call for Immediate Resolution
Aug. 26, 2019: NAMM, together with the National Retail Federation, US Chamber of Commerce, corporations and businesses, calls for an immediate resolution to the current—and ever-changing trade war and Chinese tariff threats. Current actions—actual and anticipated—dramatically impact economic stability in the music products industry and across other industries and ultimately impact consumer buying power and economic stability.
Tariff actions are being made unilaterally by the executive branch (president and his trade personnel) in its legal capacity to advance and align national security interests. Currently, there is no regular order for direct appeals for exemptions beyond those submitted in June to the US Trade Representative.
- Update, 8/23/2019: Proposes Additional Tariffs on Imports from China
August 23, 2019: U.S. Proposes Additional Tariffs on Imports from China
Aug. 23, 2019: Late this afternoon President Trump posted a series of tweets announcing the next wave of Tariffs on goods coming from China: Starting on October 1st, the $250 billion of goods and products from China, currently subject to a 25% tariff, will now incur a 30% tariff. The remaining $300 billion of goods and products from China subject to a 10% tariff from September 1st, will now incur a 15% tariff.
The September 1st 15% tariffs will be in effect on consumer products, including musical instruments as outlined in the Musical Instruments HTS list 4A linked below. Tariffs have been delayed to Dec. 15, 2019, on certain products including cell phones, laptop computers, video game consoles, certain toys, computer monitors, and certain items of footwear and clothing, including some musical instruments as outlined in the Musical Instruments HTS list 4B linked below.
- Lists 1, 2, and 3, all currently tariffed at 25%, will rise to 30% on October 1, 2019
- List 4A, set to take effect on September 1 at 10%, will now be 15% on September 1, 2019
- List 4B, set to take effect on December 15 at 10%, isn’t mentioned to date
- Update, 8/6/19: US and China Tentatively Agree to a Trade War Truce
Update, 8/6/19: The US and China Tentatively Agree to a Trade War Truce
The United States and China have tentatively agreed to another truce in the trade war, sources said, a move that would avert an additional $300 billion of U.S. tariffs on Chinese imports. President Donald Trump and Chinese President Xi Jinping are set to meet this week at the Group of 20 summit in Japan, and a source said Trump's decision to delay additional tariffs was Xi's price for holding the meeting. Read the full Politico article here.
- Update, 8/6/19: U.S. to Impose 10% Tariff on Musical Instruments from China
Update, 8/6/19: U.S. to Impose 10% Tariff on Musical Instruments from China
There will be additional tariffs on Chinese imports, including music products, on September 1st, absent any mitigating actions by either the U.S. or Chinese governments, which are not anticipated before that date. According to a tweet from the President on August 1st, the tariffs on $300 billion in imports will start at “small” 10%, however, the President added that he could raise the rate to “well beyond 25%.” The final tariffs list, as well as a procedure to grant exceptions, is expected to be formally published in days. There is no definitive word on whether exemptions may be available on this group (List 4) at this rate (10%).
China allowed its currency to slide past what had been an important psychological threshold of 7 yuan (officially known as the renminbi) to the dollar. That marked an 11-year low for the currency, a development that will make Chinese exports less expensive in the U.S., thereby mitigating a portion of the new 10% tariff. In response, the President formally labeled China a currency manipulator. The President’s action was supported by Senator Democratic Leader Chuck Schumer (NY). The practical effect of the designation is to initiate bilateral negotiations or talks through the International Monetary Fund over the coming months.
Despite these actions, the Administration still plans to host Chinese trade officials in Washington in early September for another round of talks. There is not likely to be any meeting between President Trump and General Secretary Xi until November at the earliest. Please check here often for updates and new resources.
- Update, 7/1/19: U.S. threatens tariffs on $4B of EU goods
U.S. threatens tariffs on $4B of EU goods
Source: Rebecca Falconer, AXIOS
On July 1, the Office of the U.S. Trade Representative published a supplemental tariff list of $4 billion of imports from the European Union, the latest development in the longstanding U.S.-EU trade dispute over Airbus. Both the U.S. and the EU have filed disputes with the WTO alleging that the other has provided an aircraft manufacturer—Boeing in the U.S. and Airbus in the EU—with unfair subsidies. The WTO is still considering the case and may approve tariffs proposed by both countries.
The U.S. previously proposed tariffs on $21 billion of EU goods in April; it is awaiting a WTO decision to impose those tariffs. The office of the USTR is set to hold a hearing on the supplemental list on Aug. 5.
- Update, 6/14/19: Tracking Tariffs on US Goods
UPDATE: June 14, 2019 - NAMM highlights the negative impact of proposed tariffs on our industry, US consumers, and the short and long-term implications for music education. Read the full letter here.
- Update, 6/13/19: NAMM Joins 661 U.S. Companies and Associations to Urge Administration to Avoid Tariff Escalation, Reach Resolution with China
661 US Companies and Associations Urge Administration to Avoid Tariff Escalation, Reach Resolution with China
WASHINGTON — Tariffs Hurt the Heartland, the national campaign against tariffs supported by more than 150 trade associations representing retail, tech, manufacturing and agriculture, today sent a letter signed by 661 American companies and associations urging the administration to avoid additional tariffs and reach a resolution with China. The letter comes as the Office of the United States Trade Representative is set to begin hearings considering 25 percent tariffs on $300 billion in goods, 60 percent of which are consumer products. 520 companies signed the letter, including some of the nation’s most recognizable brands, and 141 trade associations at the national and state level.
“We remain concerned about the escalation of tit-for-tat tariffs," the letter states. “We know firsthand that the additional tariffs will have a significant, negative and long-term impact on American businesses, farmers, families and the U.S. economy. Broadly applied tariffs are not an effective tool to change China’s unfair trade practices. Tariffs are taxes paid directly by U.S. companies, including those listed below - not China.”
"We urge your administration to get back to the negotiating table while working with our allies to develop global, enforceable solutions. An escalated trade war is not in the country’s best interest, and both sides will lose,” the companies and associations added.
Tariffs Hurt the Heartland recently released estimates prepared by Trade Partnership Worldwide that showed that imposing new tariffs on an additional $300 billion in goods (combined with the impacted of previously implemented tariffs and retaliation) would result in the loss of more than 2 million U.S. jobs, add more than $2,000 in costs for the average American family of four and reduce the value of U.S. GDP by 1.0 percent.
Below is the full text of the letter. Read a copy online and the list of signers here:
June 13, 2019
President Donald J. Trump
The White House
1600 Pennsylvania Avenue
Washington, DC 20500
Dear Mr. President,
On behalf of the undersigned companies below and the millions of workers we employ, we are writing regarding the ongoing trade dispute between the U.S. and China. We agree that our trading partners must abide by global trade rules, and we support the administration’s efforts to address unfair trading practices, including intellectual property violations, forced technology transfer and more. We encourage the administration to negotiate a strong deal with China that addresses longstanding structural issues, improves U.S. global competitiveness and eliminates tariffs. We believe this goal can be achieved without taxing Americans.
We remain concerned about the escalation of tit-for-tat tariffs. We know firsthand that the additional tariffs will have a significant, negative and long-term impact on American businesses, farmers, families and the U.S. economy. Broadly applied tariffs are not an effective tool to change China’s unfair trade practices. Tariffs are taxes paid directly by U.S. companies, including those listed below— not China. According to Trade Partnership Worldwide LLC, 25 percent tariffs on an additional $300 billion in imports (combined with the impact of already implemented tariffs and retaliation) would result in the loss of more than 2 million U.S. jobs, add more than $2,000 in costs for the average American family of four and reduce the value of U.S. GDP by 1.0 percent. Furthermore, we have seen repeatedly that tariff increases and uncertainty around these trade negotiations have created turmoil in the markets, threatening our historic economic growth.
Mr. President, we support your efforts to hold our trading partners accountable, level the playing field for American businesses and forge enforceable trade agreements. We urge your administration to get back to the negotiating table while working with our allies to develop global, enforceable solutions. An escalated trade war is not in the country’s best interest, and both sides will lose. We are counting on you to force a positive resolution that removes the current tariffs, fosters American competitiveness, grows our economy and protects our workers and customers.
CC: Ambassador Robert Lighthizer, United States Trade Representative
Secretary Steven Mnuchin, Department of the Treasury
Secretary Wilbur Ross, Department of Commerce
Secretary Sonny Perdue, Department of Agriculture
Director Larry Kudlow, National Economic Council
- Update, 6/6/19: “411” On Submitting Tariff Comments, Requesting Exemptions and Registering to Testify.
Tariff Webinar Recording
“411” On Submitting Comments, Requesting Exemptions and Registering to Testify.
June 6, 2019: NAMM's conference call/webinar to review the current status and state of play of Chinese import tariffs with a timeline and direction on how to submit comments, request exemptions and register to testify at public hearings has been recorded for your review here. We received many more questions than we were able to address during our 60-minute webinar and are compiling a comprehensive FAQ document to be posted here in the next few days.
As mentioned in our webinar:
Timelines For Action
To submit a comment to the Office of the U.S. Trade Representative:
- As soon as possible (don’t wait until the deadline) visit www.regulations.gov (June 10, 2019 is the deadline for submitting a request to testify in Washington D.C. / June 17, 2019 is the deadline for submitting written comments)
- Enter Docket Number USTR-2019-0004 and click 'Search'
- Find a reference to this notice and click on the link titled ‘Comment Now!’
- Although you may submit comments through the web-based text box, USTR prefers that comments be submitted by attachment. You may submit in Microsoft Word (.doc) or searchable Adobe Acrobat (.pdf)
- Please reference specific tariff subheadings—in this case, Harmonized Tariff Schedule (HTS) category 9200 merchandise (musical instruments and related accessories)
- Please send a copy of your comment or your decision to withhold comments, to MaryL@namm.org
Requirements for Written Comments
Comments should set forth arguments addressing USTR key issues for exemptions:
- The product is available only from China or predominantly from China or other foreign countries (percentage of foreign-made vs. domestic)
- Tariffs on these specific goods would cause “disproportionate economic harm to U.S. interests, including small – or medium-size businesses and consumers”
Additional arguments for exemptions:
- Music education programs in K-12 schools nationwide and the musical life of every family would suffer from a proposed 25% tariff on imported musical instruments and equipment from China
- With new tariffs, students/families in urban and rural communities would have greater difficulty purchasing or renting instruments and equipment; school districts, faced with greater costs, could shrink or even eliminate music education programs
- Many affordable beginner instruments are made in China and young students quickly outgrow their instruments; young violinists will go through as many as four different sizes of violin by the time they get to high school
- Musical instruments are a discrete consumer product with high inherent commercial/retail value: a 25% tariff would decrease access and musical opportunities
- Tariffs on musical instruments and the imposition of greater costs to consumers would impact the musical and cultural life of all communities in the U.S.
- NAMM's Letter to Ambassador Robert Lighthizer, United States Trade Representative
- Link to June 6 PPT Deck (no audio)
- Link to June 6 Audio Only
- Link to June 6 Webinar - PPT and Audio
- List of Congressional Trade Subcommittee Member Contacts
- Link to Office of U.S. Trade Representative Comment Page
- Federal Register Notice - Proposed Modification of Action Pursuant to Section 301 which includes the Proposed Product List #4
- "Tariffs Hurt the Heartland" Americans for Free Trade Website
- National Retail Federation's Tariff Information Website
- Update, 6/1/19: NAMM Joins 661 U.S. Companies and Associations to Urge Administration to Avoid Tariff Escalation, Reach Resolution with China
Update, 6/1/19: NAMM Joins 661 U.S. Companies and Associations to Urge Administration to Avoid Tariff Escalation, Reach Resolution with China
Tariffs Hurt the Heartland, the national campaign against tariffs supported by more than 150 trade associations representing retail, tech, manufacturing and agriculture, sent a letter signed by 661 American companies and associations urging the administration to avoid additional tariffs and reach a resolution with China. The letter comes as the Office of the United States Trade Representative is set to begin hearings considering 25 percent tariffs on $300 billion in goods, 60 percent of which are consumer products. 520 companies signed the letter, including some of the nation’s most recognizable brands, and 141 trade associations at the national and state level.
- Update, 5/13/19: Chinese Trade Tariff Updates
Chinese Trade Tariff Updates
Tariff List #4 - Inclusion of Musical Instruments
May 13, 2019: USTR has posted the draft Federal Register notice announcing the proposed HTS lines and the process for the proposed List 4 China 301 tariffs. The proposed 25% tariffs cover approximately $300 billion worth of imports from China. This includes just about everything that isn’t already subject to the additional 301 tariffs such as apparel, footwear, toys, consumer electronics and musical instruments. Note: the list includes everything in HTS category 9200 (musical instruments and related accessories) Link to the list here.
USTR will hold a public hearing on June 17 on the proposed List 4 tariffs. All requests to testify must be submitted by June 10. Final comments must be submitted seven days after the final hearing date. Considering the List 3 tariffs ($200 billion) was six days long, this hearing process may go longer. President Trump plans to meet with President Xi during the G-20 Summit at the end of June. It is unlikely that a final decision on the List 4 tariffs will be made before that meeting.
Questions/Comments: For questions about this proposed action, to submit public comment, or to request to testify at the June 17 public hearing, contact USTR Assistant General Counsels Arthur Tsao or Megan Grimball, or Director of Industrial Goods Justin Hoffmann at USTR (202) 395–5725. For questions on customs classification, contact firstname.lastname@example.org.
Notice of Modification of Section 301 Action
May 10, 2019
The United States Trade Representative's office has published an official notice implementing President Trump's announced plan to increase tariffs on some $200 billion worth of Chinese imports from 10% to 25%, effective at 12:01 a.m. on May 10. While musical instruments are not directly affected by this increase, the list of affected products includes musical instrument cases, certain stands used for guitars and other musical instruments and some circuit board components of electronic instruments. Note: Products which left China prior to May 10 must arrive into the United States no later than June 1 to avoid the 25% tariff.
Comments: For NAMM members wishing to express concern, please see the option to participate in the National Retail Federation’s “call to action” at the link here.
- Update, 10/31/18: Tariffs Could be ‘Really Tough’ for Retailers Supplying School Music Programs
Update: Tariffs Could be ‘Really Tough’ for Retailers Supplying School Music Programs
National Retail Federation- Jimmy Edwards president of Marshall Music Co. in Lansing, Mich., says new U.S. tariffs on imports from China have already begun to affect a handful of the small items he sells like instrument cases or mouthpieces. But what has him worried is what will happen if the tariffs are expanded to include musical instruments themselves. Read the full article here.
- Update, 9/18/18: USTR Finalizes Tariffs on $200 Billion of Chinese Imports in Response to China’s Unfair Trade Practices
USTR Finalizes Tariffs on $200 Billion of Chinese Imports in Response to China’s Unfair Trade Practices
Posted by the Office of the United States Trade Representative on 9/18/18
Washington, DC – As part of the United States’ continuing response to China’s theft of American intellectual property and forced transfer of American technology, the Office of the United States Trade Representative (USTR) today released a list of approximately $200 billion worth of Chinese imports that will be subject to additional tariffs. In accordance with the direction of President Trump, the additional tariffs will be effective starting September 24, 2018, and initially will be in the amount of 10 percent. Starting January 1, 2019, the level of the additional tariffs will increase to 25 percent.
The list contains 5,745 full or partial lines of the original 6,031 tariff lines that were on a proposed list of Chinese imports announced on July 10, 2018. Changes to the proposed list were made after USTR and the interagency Section 301 Committee sought and received comments over a six-week period and testimony during a six-day public hearing in August. USTR engaged in a thorough process to rigorously examine the comments and testimony and, as a result, determined to fully or partially remove 297 tariff lines from the original proposed list. Included among the products removed from the proposed list are certain consumer electronics products such as smart watches and Bluetooth devices; certain chemical inputs for manufactured goods, textiles and agriculture; certain health and safety products such as bicycle helmets, and child safety furniture such as car seats and playpens.
- Update, 9/20/18: China Retaliates with Tariffs on $60B of U.S. Goods
China Retaliates with Tariffs on $60B of U.S. Goods
More than 5,000 types of goods listed by HS code face tariffs from 5 to 10 percent
By Taylor Miller Thomas, POLITICO Pro DataPoint
Following President Donald Trump’s Sept. 17 announcement that the U.S. would set tariffs on an additional $200 billion of Chinese goods, the Chinese government announced it would set tariffs of 5 percent or 10 percent on roughly $60 billion worth of U.S. exports to the country. The goods targeted by the Chinese government are the same it threatened tariffs on earlier in 2018. At that time, the Chinese Ministry of Commerce threatened tariffs as high as 25 percent on some of these goods.
The U.S. government is planning to set tariffs at 10 percent on the latest set of Chinese goods but will raise that rate to 25 percent in 2019. The Chinse tariffs may also be increased at a later date, to coincide with the U.S. tariff rate hike. The latest tariffs from both countries go into effect on Sept. 24
Sources: Chinese Ministry of Commerce, USA Trade database, U.S. Census Bureau, USITC, Harmonized Tariff Schedule China will set tariffs based on the eight-digit HS code level.
Disclaimer: The data in the graph reflects U.S. exports at the six-digit level, the closest available, and may not completely reflect the value of goods facing tariffs.
- Update 9/17/18: USTR Releases a List of Approximately $200 Billion Worth of Chinese Imports that will be Subject to Additional Tariffs
Update: September 17, 2018
The Office of the United States Trade Representative (USTR) released today, a list of approximately $200 billion worth of Chinese imports that will be subject to additional tariffs. In accordance with the direction of President Trump, the additional tariffs will be effective starting September 24, 2018, and initially will be in the amount of 10 percent. Starting January 1, 2019, the level of the additional tariffs will increase to 25 percent. In response to the USTR's action, China retaliated with its own increased tariffs, also effective September 24, 2018, on a list of products covering $60 billion in U.S. exports, at additional duty rates of 5% to 10%. This adds to China's retaliatory tariffs already in place on approximately $50 billion in U.S. exports. Currently, HTS (Harmonized Tariff Schedule) Chapter 92 (Musical Instruments) and HTS Chapter 49 (Printed Music, Music Books, Sheet Music) are not listed; however, some products and component parts within HTS Chapter 85 (Electrical Machinery and Equipment and Parts Thereof) are listed.
Find out if your products or component parts are on the current list:
Step 1: Lookup your product/component HTS Code here (U.S. International Trade Commission HTS Search)
Step 2: Cross-reference your HTS Code on the final tariff list here (USTR.gov as of Sept.17, 2018)
- Update, 8/23/18: US and China Set Tariffs on $16 Billion of Each Other’s Goods
Source: Politico Pro Datapoint
On Aug. 23, the U.S. and China each set tariffs on $16 billion of each other’s goods. China announced and imposed these tariffs after the U.S. announced its own tariffs. This is the second time China has followed U.S. actions in setting tariffs.
Texas, California and South Carolina led states by the total value of these goods that were exported to China in 2017. Washington, Illinois and Pennsylvania will see tariffs on more than $400 million in exports to China — and are facing key midterm races in November
U.S. exports to China hit by Aug. 23 tariffs, by state Infographic
- Update, 8/15/18: Tracking Tariffs on US Goods
Tracking Tariffs on US Goods
August 15, 2018. By Taylor Miller Thomas, Politico Datapoint
Multiple countries have set tariffs on US goods in the fallout after president Donald Trump's steel and aluminum tariffs. China set the earliest tariffs, on April 2, in the midst of a series of trade threats exchanged with the U.S. Other countries set tariffs as they were affected by the US tariffs, including Canada, the EU, and Mexico, which announced tariffs on the US after the steel and aluminum tariffs went into effect on their exports on May 31. All told, more than $70 million in US exports are affected by these retaliatory tariffs. View this infographic to learn more.
- Update, 8/7/18: USTR Finalizes Second Portion of Tariffs on Chinese Products
USTR Finalizes Second Portion of Tariffs on Chinese Products
Posted by the Office of the United States Trade Representative on 8/7/18
The Office of the United States Trade Representative (USTR) today released a list of approximately $16 billion worth of imports from China that will be subject to a 25 percent additional tariff as part of the U.S. response to China’s unfair trade practices related to the forced transfer of American technology and intellectual property. This second portion of additional tariffs under Section 301 follows the first portion of tariffs on approximately $34 billion of imports from China, which went into effect on July 6.
The list contains 279 of the original 284 tariff lines that were on a proposed list announced on June 15. Changes to the proposed list were made after USTR and the interagency Section 301 Committee sought and received written comments and testimony during a two-day public hearing last month. Customs and Border Protection will begin to collect the additional duties on the Chinese imports on August 23.
In March 2018, USTR released the findings of its exhaustive Section 301 investigation that found China’s acts, policies and practices related to technology transfer, intellectual property and innovation are unreasonable and discriminatory and burden U.S. commerce.
Specifically, the Section 301 investigation revealed:
- China uses joint venture requirements, foreign investment restrictions, and administrative review and licensing processes to require or pressure technology transfer from U.S. companies.
- China deprives U.S. companies of the ability to set market-based terms in licensing and other technology-related negotiations.
- China directs and unfairly facilitates the systematic investment in, and acquisition of, U.S. companies and assets to generate large-scale technology transfer.
- China conducts and supports cyber intrusions into U.S. commercial computer networks to gain unauthorized access to commercially valuable business information.
A formal notice of the $16 billion tariff action will be published shortly in the Federal Register. NOTE: As in the case of the first portion of additional tariffs, the notice will announce a process by which interested persons may request the exclusion of particular products covered by a tariff line subject to the additional duties.
- Resource: U.S Chamber of Commerce
The U.S. Chamber of Commerce (USCC) is the world’s largest business organization representing the interests of more than 3 million businesses of all sizes, sectors, and regions. USCC members range from mom-and-pop shops and local chambers to leading industry associations and large corporations.
Forms and Instructions for submitting requests for product exclusions:
- Resource: National Retail Federation
The National Retail Federation is the world’s largest retail trade association. Based in Washington, D.C., NRF represents discount and department stores, home goods and specialty stores, Main Street merchants, grocers, wholesalers, chain restaurants and internet retailers from the United States and more than 45 countries.
Instructions for submitting Public Comments
- Link here to display the Comment form.
- Enter your comments, attach files (up to 10MB each), as well as your personal information when applicable. Complete all the required fields.
- Tips for submitting effective comments
- Please note that information entered on the web form may be viewable publicly. These fields are identified by the globe icon.
- Once you reach the "Your Preview" screen, the information that will be viewable publicly is displayed directly on the form under the section titled: "This information will appear on Regulations.gov."
- To complete your comment, you must first agree to the disclaimer and check the box. This will enable the "Submit Comment" button.
- Upon completion, you will receive a Comment Tracking Number for your comment.
- Resource: Share Your Concerns of Proposed Tariffs with your Representatives
Take 2 minutes to let your representatives know that you have concerns with the proposed tariffs on products, materials and component parts from China.
- 2020 NAMM Show Policy Forum
2020 NAMM Show Policy Forum
Industry experts provide industry-specific policy updates on revised CITES permit requirements, remote sales tax, Prop 65, Chinese tariffs and NAMM Fly-In plans. Moderated by Mary Luehrsen, Director, Public Affairs and Government Relations, NAMM. Panelists: Jim Goldberg, Managing Partner, Goldberg & Associates, PLLC; Heather Noonan, Vice President for Advocacy, League of American Orchestras; Chris Cushing, Managing Director, Federal Strategies, Nelson Mullins Riley & Scarborough; and Leo Coco, Managing Director, Education Policy, Nelson Mullins Riley & Scarborough.
Timestamp / Segment
- :01 Welcome and Overview
- :55 CITES
- 10:40 Prop 65
- 23:55 E-Commerce
- 33:33 Tariffs
- 43:54 Music Education