Authored by Michael P. House and Shuaiqi Yuan

The U.S. Trade Representative (USTR) has announced a request for comments on modifications to the Section 301 China tariffs to address coronavirus (COVID-19). USTR is requesting public comments on possible further modifications to remove duties from additional medical care products. Businesses who import medical care products that are currently subject to the Section 301 China tariffs may wish to consider filing a request for removal of those tariffs.

USTR has invited comments from interested persons with respect to whether a product covered by the Section 301 tariffs is needed to respond to the COVID-19 outbreak. Each comment must identify the product of concern and explain precisely how the product relates to the response to the COVID-19 outbreak. For example, the comment may address whether a product is directly used to treat COVID-19 or to limit the outbreak, and/or whether the product is used in the production of needed medical care products.

The procedures for filing comments at USTR require using the Federal eRulemaking Portal, as follows:

  • Comments Docket: Available at
  • Docket Number: USTR–2020–0014
  • The comments docket will remain open at least until June 25, 2020 and may be extended as appropriate.
  • Responses to Comments: Any responses to comments should be submitted within three business days after a comment is posted in the docket.
  • Coverage of Comments: Comments may be submitted regarding any product covered by the action in the investigation, regardless of whether the product is subject to a pending or denied exclusion request.
  • Requested Information: All comments must include the following information, to the extent possible: (1) the ten-digit subheading of the Harmonized Tariff Schedule of the United States (HTSUS) applicable to the product and (2) the identity of the particular product in terms of its functionality and physical characteristics (e.g., dimensions, material composition, or other characteristics).
  • Comments may include information concerning the producer, importer, ultimate consumer, or trademarks or tradenames of the product, but this is less helpful.
  • To facilitate timely consideration of possible modifications, interested parties should submit comments as promptly as possible. USTR will consider comments on a rolling basis.

A copy of the USTR’s complete notice may be found here.

Please contact any of us in the International Trade Practice if you or a client needs additional information or assistance.