USTR to Seek Public Comment on China Board of Trade: What Importers Must Know Before the Federal Register Notice Drops

U.S. Trade Representative Jamieson Greer confirmed on May 27 that a Federal Register notice seeking public comment on the newly proposed U.S.–China Board of Trade will be issued "shortly," marking the first formal step toward tariff reductions on roughly $30 billion in non-sensitive goods. For B2B importers, this is not just a policy update — it's a rare window to shape which product categories receive tariff relief and which remain locked behind elevated duties.


What Just Happened

Speaking at a Council on Foreign Relations event on May 27, 2026, Greer provided the most detailed timeline yet for the Board of Trade mechanism agreed upon during the May 14–15 Trump–Xi summit in Beijing. Key takeaways:

This is the first time the U.S. government has formally asked the business community to weigh in on which Chinese imports should receive tariff relief. The stakes are significant.


The Board of Trade: Structure and Scope

The Board of Trade is one of two new bilateral mechanisms created during the Trump–Xi summit (the other being a Board of Investment). According to MOFCOM and USTR statements, the Board's mandate includes:

DimensionDetails
MembershipJoint U.S.–China consultative body
Initial scope~$30 billion in non-sensitive goods per side
Decision mechanismReciprocal tariff reductions on equivalent-scale product sets
TimelinePublic comment → Product list negotiation → Implementation
Legal basisDistinct from Section 301 / Section 122 actions

What "Non-Sensitive" Likely Means

Based on USTR statements and Chinese analyst reports, the following categories are strong candidates for tariff relief:

Categories explicitly excluded from any relief:


Why the Public Comment Period Matters for Importers

The Federal Register public comment period is the primary channel for businesses to influence which products make the cut. Here's why importers should pay close attention:

1. The Product List Is Not Yet Determined

Unlike traditional trade agreements where product lists are negotiated behind closed doors, the Board of Trade framework explicitly invites stakeholder input before the list is finalized. This means importers who submit comments can advocate for their specific HS codes.

2. Relief Is Selective, Not Universal

Greer has been unambiguous: only "non-sensitive" goods qualify. The definition of "non-sensitive" will be shaped by the comment process. Importers of products in gray areas — such as industrial components, specialty chemicals, or consumer electronics accessories — should make their case.

3. The IEEPA Refund Window Is Closing

CBP's CAPE tool (Consolidated Administration and Processing of Entries) is now processing Phase 1 IEEPA duty refunds. Importers should ensure they've filed CAPE Declarations for eligible entries while simultaneously preparing Board of Trade comments for forward-looking tariff relief.


How to Participate: A Practical Guide for B2B Importers

Step 1: Monitor the Federal Register

The notice will appear at federalregister.gov. Once published, it will include:

Step 2: Prepare Your Comment

Effective comments typically include:

ElementWhat to Include
Company profileBusiness size, import volumes, supply chain footprint
Product specificsHS codes, current tariff rates, annual import values
Economic impactHow tariffs affect pricing, employment, competitiveness
Supply chain alternativesWhether alternative sourcing exists (and at what cost)
National security considerationsWhy the product is genuinely non-sensitive
Quantitative dataSales figures, job numbers, cost breakdowns

Step 3: Coordinate with Industry Associations

Trade groups — such as the National Association of Manufacturers, the Retail Industry Leaders Association, and the U.S.–China Business Council — will submit consolidated comments. Participating through these channels amplifies your voice and ensures your product categories are represented.

Step 4: Engage Congressional Offices

While USTR runs the process, members of Congress can submit letters of support for specific product categories. Importers with significant operations in a district should brief their representatives.


The Bigger Picture: Three Forces Shaping the Outcome

Force 1: The Section 122 Expiration Clock

The 10% global tariff under Section 122 expires in late July 2026. The administration needs the Board of Trade process to demonstrate that tariff relief is being managed strategically — not abandoned. This creates political incentive to move quickly on the $30 billion product list.

However, the legal foundation of Section 122 itself is in question. The U.S. Court of International Trade ruled Section 122 tariffs illegal on May 7, 2026, and while the Federal Circuit has temporarily stayed that ruling, the administration may let Section 122 expire rather than risk another court defeat.

Force 2: The Section 301 Transition

A new Section 301 investigation is underway and expected to produce findings by late summer 2026. This investigation will likely replace the expiring Section 122 authority with more durable, legally grounded tariffs targeting specific Chinese practices. Importers should prepare for:

Force 3: Supply Chain Reality

Greer himself acknowledged that supply chains won't return to pre-tariff patterns. China's share of U.S. imports fell from over 21% in 2017 to under 10% by late 2025. The managed trade framework is designed to maintain this diversification trend while allowing selective, low-risk trade flows to resume.


What Importers Should Do Right Now:
  1. Audit your tariff exposure: Map your current Chinese imports by HS code, tariff rate, and annual value.
  2. Prepare comment materials: Draft product-specific comments with economic impact data.
  3. File IEEPA refund claims: If you haven't filed through the CAPE system, prioritize this.
  4. Engage your trade association: Find out whether your industry group is preparing consolidated comments.
  5. Scenario-plan for Section 122 expiration: Model the impact of the 10% global tariff disappearing.

Bottom Line

The Federal Register notice for the U.S.–China Board of Trade represents the most consequential opportunity for B2B importers to influence tariff policy since the trade war began. The $30 billion product list will be shaped by public input, and importers who participate effectively stand to gain significant cost relief. But the broader trajectory is clear: managed trade with permanently higher tariff floors for China, selective relief for non-sensitive goods, and continued supply chain diversification pressure.

The window to shape the outcome is opening. Importers should be ready to act the moment the Federal Register notice drops.


Published May 28, 2026 | HanseBrief — Global Trade Intelligence for B2B Importers