USTR to Open Section 301 Exclusion Requests for List 4A

The Office of the U.S. Trade Representative (USTR) has announced that on 31 October 2019, companies
can submit product exclusion requests for Chinese-origin items that are subject to Section 301 tariffs of an additional 15 percent tariff that went into effect on 1 September 2019.1 List 4A includes articles covered by more than 3,000 subheadings of the Harmonized Tariff Schedule of the United States (HTSUS).

Exclusion requests can be filed using the USTR web portal – https://exclusions.ustr.gov. The web portal
will open at 12:00 p.m. (Eastern) on 31 October, and requestors will have until 11:59 p.m. (Eastern) on
31 January 2020 to file requests. Like the exclusion process used for List 1, List 2, and List 3 product exclusions, third parties will be able to file opposing and supporting comments within 14 days of the date an exclusion request is posted for public comment, with a reply period of seven (7) days to follow. Any exclusion that is granted will be effective for one (1) year from 1 September 2019.

New for the List 4A exclusion requests is a question as to whether the product is currently subject to an antidumping or countervailing duty order. Revenue, quantity, and value information will need to be reported for 2017, 2018, and through the first half of 2019. Otherwise, the information required to submit an exclusion request is the same as that required for List 3 exclusions, as discussed in our June 2019 client alert.

Additional Assistance

For assistance with Section 301 duties and product exclusion requests, or any other customs and importation matters, please contact Jon P. Yormick, Special Counsel, at jyormick@phillipslytle.com, (216) 928-3474, (716) 847-7006; or Koya Choi, Associate, at kchoi@phillipslytle.com, (716) 847-7040.

  1. USTR Statement on Section 301 Tariff Exclusions on Chinese Imports, https://ustr.gov/issue-areas/enforcement/section-301-investigations/section-301-china/china-section-301-tariff