USTR Will Consider Extending Section 301 Tariff Exclusions on Goods from China

The Office of the United States Trade Representative (USTR) will consider requests to extend Section 301 (List 1) tariff exclusions by up to one year on goods from China that were granted in March 2019. The 12-month exclusions are set to expire on March 25, 2020. In a Federal Register Notice published December 23, 2019, USTR announced that it granted a one-year extension of tariff exclusions on two tariff classification subheadings and four product specific exclusions, all of which were set to expire on December 28, 2019. The Federal Register Notice can be found here.

USTR will open the docket for the next round of extension requests on January 15, 2020, which will remain open through February 15, 2020. Requestors should use Form A to file public versions of submissions at www.regulations.gov (recently revamped), Docket No. USTR-2019-0024, with corresponding Business Confidential Information (BCI) filings to be submitted via email at 301bcisubmissions@ustr.eop.gov, using Form B, with a copy of Form A attached. The forms will be available once the docket opens, but to assist companies in gathering and preparing the necessary information, can be viewed at the Federal Register Notice found here.

As was the case with the first round of extension requests, USTR will consider the following factors:

  • Whether the particular product or a comparable product is available from sources in the United States, in third countries or both;
  • 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; and
  • Whether the imposition of additional duties on the products covered by the exclusion will result in severe economic harm to the requestor or other U.S. interests.

Additional Assistance

For assistance with Section 301 tariff issues, product exclusion requests, or any other customs and importation matters, please contact Jon P. Yormick, Special Counsel, at (216) 928-3474, (716) 847-7006, jyormick@phillipslytle.com; Koya Choi, Associate, at (716) 847-7040, kchoi@phillipslytle.com; or the Phillips Lytle attorney with whom you have a relationship.