USTR Announces New Round of
Section 301 Duty Exclusions for List 3
($200 Billion Trade Action)

October 30, 2019

On October 23, 2019, the Office of the U.S. Trade Representative (USTR)  (84 FR 57803 of 10/28/2019) released a notice granting 83 exclusion requests to the Section 301 duties levied on goods from China.   Please click here to access our updated EXCLUSION LIST, which includes all exclusions granted to date. (Please note that this is an Excel file.) The notice affects goods on List 3, and includes chemicals, fabrics, ball valves, and bassinets. These exclusions apply from September 24, 2018 through August 7, 2020. The applicable HTS to apply to this round of exclusions is 9903.88.33.

USTR Seeking Comments on Extending the First 301 Exclusions

The USTR announced it will publish this week a notice requesting comments on whether the first set of tariff exclusions (List 1, $34 Billion Product Exclusion Process) should remain in effect for another year. All List 1 exclusions are set to expire on December 28, 2019. 

The USTR will individually evaluate each exclusion comment and request for extension. Comments are to be submitted under USTR-2019-0019 at www.regulations.gov through the appropriate form (Form A is for comments; Form B is to be completed by importers and/or purchasers of the product covered by the exclusion). The portal opens November 1, 2019 and closes November 30, 2019. 

Comments are to specifically address such factors as:

  • Whether the particular product and/or comparable product is available from sources in the United States and/or third countries,
  • If any efforts have been made since July 2018 to source the products elsewhere than China,
  • Publication date of the Federal Register notice containing the exclusion, and
  • Whether the product is subject to antidumping/countervailing duties. 

The USTR will publish the Exclusion Extension Comment forms on their website.

List 4A Portal for Exclusion Process Opens October 31, 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 (84 FR 57145 of October 24, 2019). The notice also sets out specific procedures for submitting requests. The portal will close Jan. 31, 2020 at 11:59 pm ET.

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 on this or other Customs matters, 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.

Copyright © 2019 by Tuttle Law Offices. 
All rights reserved. 

Information has been obtained from sources believed to be reliable.  However, because of the possibility of human or mechanical error by our offices or by others, we do not guarantee the accuracy, adequacy, or completeness of any information and are not responsible for any errors, omissions, or for the results obtained from the use of such information.

 

 

 

Subscribe Feedback Previous Newsletters