Industry News

USTR Seeking Comments on Extending Section 301 Exclusions set to Expire on December 28th

Staff | M.E. Dey & Co.

The first round of product exclusions granted by the USTR, for goods listed on the first tranche of Section 301 tariffs, will expire on December 28, 2019.  The USTR published a notice seeking public comments for extending certain product exclusions for up to a period of 12 months.  The period for comments for possible extension for particular exclusions will begin at noon EDT on November 1st, on Docket Number USTR-2019-0019, and will close at 11:59pm EDT on November 30th.

The USTR will consider each exclusion on a case-by-case basis. The focus of the evaluation will be whether, despite the first imposition of the additional duties in July 2018, the particular product remains available only from China. In addressing this factor, commenters should address specifically:

  • Whether the particular product and/or a comparable product is available from sources in the United States and/or in third countries.
  • Any changes in the global supply chain since July 2018 with respect to the particular product, or any other relevant industry developments.
  • The efforts, if any, the importers or U.S. purchasers have undertaken since July 2018 to source the product from the United States or third countries.

Additionally, the USTR will consider whether the imposition of the additional duties on product covered by the exclusion will result in a severe economic harm to the commenter/importer or other U.S. interests.

Commenters are strongly encouraged to submit exclusion extension requests on two forms. Form A is to be submitted on the Public Docket (http://www.regulations.gov). Form B, which provides business confidentiality, will be submitted by email ([email protected]) and must include Form A. The specific forms and instructions are provided on the USTR website, and in the October 31, 2019 Federal Register.

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