Updated Nov. 2, 2021

The U.S. Trade Representative (USTR) recently announced a new public comment period that will allow organizations to comment on whether previously issued exclusions to the Section 301 tariffs on Chinese origin products should be reinstated, and if so, for how long. The items eligible for comment include several significant categories of bicycle products, including children's bicycles, BMX bicycles, carbon frames valued at $600 or less, certain helmets, and certain saddles. Below you can find PeopleForBikes resources, additional details regarding the USTR announcement, and a detailed list of products eligible for comment.

PeopleForBikes Resources

To support the bicycle industry during this process, we have created several resources to help organizations prepare comments. It is critical that companies directly affected by the tariffs comment on these potential exclusion extensions as comments from businesses will be the most powerful. 

We have prepared two documents below for your use in preparing comments for submission: 1) a blank document that you may work from to outline your comment prior to submission, and it includes important information such as character limitations that will be imposed in the online form; and 2) a document of key talking points that can be used to support your comment regarding why these exclusions should be reinstated. The second document is backed up with data points where relevant (e.g., import data indicating the product remains only available from China).

• Example comment form (blank Word file)
• Key talking points (Word file)

Additional information on the public comment process from USTR can be found at the following pages:

• USTR landing page for comment process
• Federal Register notice regarding comment process
• Index of 549 products eligible for comment
• Example comment form (pdf)

USTR Comment Process and Criteria for Review

There is a specific list of 549 products which are eligible for comment at this time. This list includes several significant categories of bicycle products, which are listed below. We encourage all organizations to review this list for products that they may import and consider submitting comments in support of reinstating these exclusions. 

Comments must be submitted online using USTR’s comment portal at https://comments.ustr.gov/ and they must be submitted by December 1, 2021 at 11:59 p.m. EST. If an exclusion is reinstated, the effect will be retroactive to October 12, 2021.

Like previous Section 301 comments, USTR’s online form involves significant data from the commenter. We encourage you to review the template form we have developed and begin collecting these data immediately as it may be time consuming.

In reviewing the comments, USTR will consider the following factors:

• Whether the product remains available only from China.
• Whether the particular product or a comparable product is available from the United States or third countries.
• Changes in the global supply chain since September 2018 with respect to the particular product or any other relevant industry developments.
• Efforts undertaken since September 2018 to source the product from the United States or third countries. 
• Capacity for producing the product in the United States.
• Whether the exclusion will impact or result in severe economic harm to the commenter or other U.S. interests, including the impact on small businesses, employment, manufacturing output, and critical supply chains in the United States.
• Whether the exclusion would help eliminate China’s acts, policies, and practices covered in the Section 301 investigation.
  

Bicycle Products Covered by this Announcement

Bicycle products on the index of products eligible for comment include (references HTSUS refer to the Harmonized Tariff Schedule of the United States):

Complete bicycles:

• Bicycles imported under HTSUS 8712.00.1510 (generally, 12 and 16 inch bicycles)
• Bicycles imported under HTSUS 8712.00.1520 (generally, 20 inch bicycles)
• Bicycles imported under HTSUS 8712.00.1550 (generally, 24 inch bicycles)
• Single-speed bicycles having both wheels exceeding 63.5 cm in diameter, weighing less than 16.3 kg without accessories and not designed for use with tires having a cross-sectional diameter exceeding 4.13 cm (imported under HTSUS 8712.00.2500)
• Bicycles, not motorized, each having aluminum- or magnesium- alloy wheels both measuring more than 69 cm but not more than 71 cm in diameter, tires of cross-sectional diameter of 3.5 cm, aluminum frame, a polyurethane/carbon fiber cord drive belt, 3-, 7- or 12-speed rear hub and twist shifter (imported under HTSUS 8712.00.2500)
• Bicycles, not motorized, having both wheels exceeding 63.5 cm in diameter, each having no more than three speeds and a coaster brake (imported under HTSUS 8712.00.3500)
• Bicycles, including mountain-type, with drop bar, tubeless, folding (imported under HTSUS 8712.00.4800)

Components:

• Bicycle frames, of carbon fiber, valued not over $600 each (HTSUS 8714.91.3000)
• Bicycle saddles, each having a cover of plastics, man-made textile fabrics or a combination of the two (imported under HTSUS 8714.95.0000)

Accessories (may not be bicycle specific):

• Helmets, specifically “Athletic, recreational and sporting headgear comprising shells of polyvinyl chloride, polycarbonate plastic or acrylonitrile butadiene styrene, each with an inner liner of expanded polypropylene or expanded polystyrene, designed for use with bicycles” (imported under HTSUS 6506.10.6045)
• Child trailers, specifically “Wheeled trailers suitable for towing behind an adult bicycle, each comprising a frame of aluminum with a hitch mechanism, weighing not more than 17.5 kg, with a capacity of not more than 46 kg, with those trailers designated for carrying children meeting ASTM International standard F1975” (imported under HTSUS 8716.40.0000)
• Messenger bags of polyester, each measuring not more than 50 cm by 38 cm by 11 cm, weighing not more than 2.5 kg (imported under HTSUS 4202.12.8130)
• Backpacks with hydration system, each measuring not more than 51 cm by 28 cm by 9 cm, weighing not more than 1 kg (imported under HTSUS 4202.92.0400)
• Duffel bags of polyester, each measuring not more than 81 cm by 39 cm by 11 cm, weighing not more than 7 kg (imported under HTSUS 4202.92.3131)
• Duffel bags made predominantly of man-made fibers, each measuring not more than 98 cm by 52 cm by 17 cm, weighing not more than 7 kg, with wheels (imported under HTSUS 4202.92.3131)