Section 301, List 4 Annex A Portal Opens for
Exclusion Requests on October 31, 2019

October 22, 2019

On October 19, 2019 the U.S. Trade Representative (USTR) published a process by which importers and other parties may request an exclusion from additional duties for products classified under the tariff headings covered by the August 20, 2019 announcement for List 4. The USTR will open an electronic portal for submission of exclusion requests on October 31, 2019 for products covered by Annex A. The notice also sets out specific procedures for submitting requests. The portal will close Jan. 31, 2020 at 11:59 pm ET.

To submit an exclusion request, requesters must first register on the portal at https://exclusions.ustr.gov.

Submitters will need to provide the following information: 

• Submitter details;
• 10-digit HTS subheading number (If you have classification questions, including antidumping/countervailing duty concerns, do contact our office before preparing for filing an exclusion request);
• Detailed product description;
• Whether or not the product is available in the US or other countries;
• What attempts you have made to source from the US or other countries;
• Dollar amounts of the importation from China and the percent of your business activities (can be submitted confidentially); and
• What the impact of the imposition of additional duties will have on your company. 

Public responses or opposition to an exclusion request are also being accepted and considered. The USTR will periodically announce decisions on pending requests. If granted, an exclusion will be effective for one year, starting from the September 1, 2019, the effective date for Annex A of the August 20, 2019 notice.

Time Line

• Now – Clarify the classification if needed
• October 31, 2019 – portal opens for filing exclusion requests
• January 31, 2020 – portal closes at 11:59 pm ET
• Public Comment – within 14 days of posting of an exclusion request
• Response to Public Comment – within 7 days of posting of the public comment

This process provides importers with temporary relief from the additional tariffs on imported products contained in List 4 Annex A.

If you think your company would like more information on filing an exclusion request or would benefit from submitting an exclusion request, please contact our office.

For further information or questions about this or other customs issues, contact George R. Tuttle, III at geo@tuttlelaw.com or at (415) 986-8780.

George R. Tuttle, III is an attorney with the Law Offices of George R. Tuttle.

The information in this article is general in nature and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence and may not be considered as such.

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