As part of an on-going international trade dispute between the United States and China, on July 6, 2018, the U.S. Trade Representative (USTR) imposed additional 25% tariffs on the importation of products from China that fall within 818 different classifications of the Harmonized Tariff Schedule of the United States (HTSUS). Since that time, the USTR has proposed additional 25% tariffs on an another large group of tariff classifications, and the week of July 9 proposed additional 10% tariffs on a third set of tariff classifications. These additional tariffs are based on an investigation under Section 301 of the Trade Act of 1974 into the government of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. These Section 301 tariffs are a financial shock to many Chinese suppliers and their U.S. customers and may even drive some companies out of business. However, there are procedures available for seeking removal of certain HTSUS classes of goods from the Section 301 tariffs, other procedures for seeking exemptions of particular products from those tariffs, and if necessary, supply chains can be reconfigured to avoid those tariffs. Contact Winston & Strawn for more information about this presentation: https://www.winston.com/en/thought-leadership/solutions-to-section-301-tariffs-on-products-from-chinamanaging-the-shock-of-25-increase-in-cost-of-goods.html.

1. Section 301 Tariff Solutions
August 1, 2018

2. Today’s Presenters
Tom Jarvis
Chair, U.S. International
Trade Commission Practice
Washington, D.C.
tjarvis@winston.com
Francesca Guerrero
Of Counsel
International Trade
Compliance
Washington, D.C.
fguerrero@winston.com
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3. Background
Section 301 Investigation
• Initiated at the request of the President on August 18, 2017
• Report issued by USTR on March 22, 2018
• Found that China’s acts, policies, and practices related to
technology transfer, IP, and innovation burden or restrict U.S.
commerce.
• President directed various measures in response
• WTO case
• Investment restrictions
• Additional Duties
Currently no end date to the additional duties
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4. Global Market Imbalances
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China
Mexico
EU
Germany
Canada
Import Export
484
116
430
273
125
50
302 281
303 325
Billions of US$ (2015)

5. Three Tariff Lists
First 25% List
• Original list published in April covered more than 1,300 tariff lines
• Targeted “Made in China 2025” products
• After public comment the list was whittled down to 818 tariff lines
• Effective July 6, 2018
Second 25% List (potential)
• Original list published in June covered more than 280 tariff lines
• Public comment period which closed July 23
Third 10% List (potential)
• Triggered by Chinese retaliatory tariffs and more broad
• Original list published in July covered more than 6,000 tariff lines
• Public comment period closes Aug. 17 5

6. Solutions to Section 301 Tariffs
Review Classification of Products
Oppose Inclusion of HTSUS Classifications in Tariff Lists
Seek Exclusion of Specific Products from Additional Duties
Alternative Supply Chains
End – To – End Solutions
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7. Proper Classification of Products
Review Primary HTSUS Classification
• Is it correct?
• Expert HTSUS classification review
Investigate Special HTSUS Classifications
• Review for reduced or zero tariff classifications
• Nairobi exemptions for handicap products
Legal Opinion re Appropriate HTSUS
Classifications or Customs Ruling
• Possible Part 117 rulings & appeals
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8. Q/A re Tariff Classifications?
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9. Oppose Inclusion of HTSUS
Classification
Only the 10% list is still open for public comment
• Comment deadline is Aug. 17, 2018
Issues/Factors
• Harm to U.S. businesses
• Harm to U.S. consumers
• Can the product be obtained from another country?
• Relationship of HTSUS Classification to Section 301 Issues
Business Confidential Information can be redacted
There is a period for response to public comment
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10. Seek Exclusion of Specific Products
Standing to Submit Requests
• Notice says US stakeholders, but foreign companies may submit
Requests for items currently subject to tariffs due by Oct. 9
• Other timelines not yet released
Issues/Factors
• Whether the particular product is available only from China
• Severe economic harm to the requestor or other U.S. interests
• Whether the particular product is strategically important or related to
“Made in China 2025” or other Chinese industrial programs
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11. Seek Exclusion of Specific Products
Exclusion will apply to the product, regardless of importer
Opportunity for Others to Respond
• The public will have 14 days to file responses
• After the close of the 14 day response period, interested persons will
have an additional 7 days to reply
Retroactive Application & Refunds
• Exclusions will be effective for one year from date of publication of
exclusion
• Retroactive to date tariffs applied (July 6 in case of current items)
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12. Q/A re Tariff Comment or Product
Exemption Process?
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13. Changes to Supply Chain
Manufacture by Chinese Affiliates Outside China
• Does your current manufacturer have facilities outside of China?
• Products manufactured in Hong Kong and Taiwan are not considered
Chinese origin
Manufacture by Others Outside China
• Is it cheaper to switch manufacturers?
Import Parts and Assemble in the United States
• Requires determining the parts are not themselves subject to additional
tariffs
Changes to Supply Chain require careful scrutiny to
ensure that the country of origin is not still China
• Substantial transformation critical test
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14. Retaliatory Chinese Tariffs
Imposed in response to the July 6th tariff increase
Asymmetrical – Only about 10% of the impact of
the Section 301 tariffs
Includes tariffs on more than 500 items, including:
• Soybeans
• Electric Vehicles
• Seafood
• Pork
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15. Possible Negotiated Solutions
China Objectives
• Support Chinese enterprises
• Access to USA markets—largest & most profitable
USA Objectives
• Incentivize China to end non-tariff international trade policies
• Foreign companies required to have Chinese partner to operate in China
• Mandatory technology transfers
• Incentivize China to suppress IP theft
• Rampant IP infringement
• Cybersecurity
• More equitable balance of trade
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16. End-to-End Solutions
International Trade
• Exclusions of HTSUS classifications & exclusion of specific products
• Supply chain
• Chinese tariffs
Corporate
• Reorganization / restructuring if low cost supply model compromised
• Relocate inventories outside USA to defer duties
• Divest Chinese operations
Finance
• Bridge financing for short term tariff costs if trade dispute resolved
Tax
• Deductibility of tariff payments
• Import Chinese components for assembly in USA
• Shift importation activity to companies in need of tax deduction
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17. Action Items
• Aug. 17, 2018: Deadline re comments on the third tariff list
• Oct. 9, 2018: Deadline re product exclusion requests on first list
• Deadlines TBD for exclusion request on second and third tariff lists
• Brief management re Section 301 tariff exposure & solutions
• Financial planning for possible long term tariff costs
• Tax planning
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18. Questions?

19. Contacts
Thomas L. Jarvis
Chair, ITC Practice
Winston & Strawn LLP
1700 K Street, NW
Washington, D.C. 2006
Direct Dial:+1.202.282.5324
Email: TJarvis@Winston.com
Francesca M.S. Guerrero
Of Counsel
International Trade Compliance
Winston & Strawn LLP
1700 K Street, NW
Washington, D.C. 2006
Direct Dial:+1.202.282.5337
Email: Fguerrero@Winston.com
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