The North American Formal Apparel Association (NAFAA) has filed formal comments with the Office of the U.S. Trade Representative (USTR) seeking an exclusion for ceremonial formalwear from proposed additional Section 301 tariffs under consideration as part of the agency's ongoing forced labor trade investigation.

NAFAA's comments, submitted as part of the USTR's public hearings on the tariff proposal, request a narrow exclusion for wedding gowns, bridesmaid dresses, mother-of-the-bride gowns, prom dresses, Quinceañera gowns and similar ceremonial formalwear classified under HTSUS subheading 6204.43.40.

The USTR is considering additional tariffs ranging from 10% to 25% on imports from nearly 60 countries it says have not adopted sufficient measures to prevent the importation of goods produced with forced labor.

According to the USTR, countries that have enacted and enforce prohibitions on forced labor imports—or have committed to do so through an Agreement on Reciprocal Trade—would generally be subject to an additional 10% duty. For all other economies, the agency has proposed an additional 12.5% tariff. The USTR has also proposed a textile mechanism that would allow a specified volume of apparel and textile imports from certain countries to enter the United States at a reduced Section 301 tariff rate.

If adopted, the proposed 12.5% additional duty on ceremonial gowns imported from China and Vietnam would increase the combined tariff burden on many of these products from approximately 23.5% to 36%.

NAFAA's filing outlines three primary reasons for granting the exclusion:

-Ceremonial formalwear cannot be produced in the United States in commercially meaningful quantities, meaning additional tariffs would not protect or expand domestic manufacturing.

-Additional duties would disrupt supply chains and increase costs for American consumers while placing further financial pressure on approximately 10,000 predominantly small, family-owned formalwear retailers across the country.

-Tariffs on this category would not advance the elimination of forced labor, the stated purpose of the USTR investigation.

"Our industry fully supports the Administration's commitment to eliminating forced labor from global supply chains," said Justin Warshaw, NAFAA board member and President and CEO of Justin Alexander Bridal. "The challenge is that ceremonial gowns are not manufactured in commercially meaningful quantities in the United States. These additional tariffs would neither bring production home nor advance the policy objective. Instead, they would increase costs for thousands of independent retailers, the American families they serve, and an industry that supports more than one million U.S. jobs."

According to NAFAA, ceremonial formalwear supports more than one million American jobs and generates approximately $9.3 billion in annual retail sales through roughly 10,000 predominantly small, family-owned retailers located in virtually every congressional district in the United States.

The association noted that, based on testimony presented during the current USTR proceeding, apparel industry participants have generally opposed the proposed tariffs or advocated for alternative approaches, including provisions related to U.S. cotton content and existing free trade agreements.

NAFAA emphasized that it supports efforts to eliminate forced labor from global supply chains but believes the proposed tariffs would primarily place additional costs on American businesses and consumers rather than change practices abroad.

The association will continue monitoring the USTR proceedings and keep members informed as the process develops. At this time, the agency has not announced a timeline for a final decision, an effective date for any new duties, or a schedule for subsequent action.

NAFAA's complete filing is available through the U.S. Trade Representative's public comment portal:

https://comments.ustr.gov/s/commentdetails?rid=VK4QV9YF9Q