Alert: Section 301 Tariff Exclusion Review

The United States Trade Representative had extended 549 exclusions from the Section 301 tariffs, but they have since expired. Now, the USTR has announced a review of those exclusions running until December 1, 2021. The USTR is inviting public comments on the possible reinstatement of certain exclusions that were previously extended. If your company would like to request reinstatement of these product exclusions, please file your comment directly to the USTR portal, via the button below.

The Index of 549 Previously Extended Exclusions can be found here.

"The USTR will evaluate the possible reinstatement of each exclusion on a case-by-case basis. The evaluation will focus on:

• Whether, despite the imposition of additional duties beginning in September 2018, the particular product remains available only from China.
• 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 September 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 September 2018 to source the product from the U.S. or third countries.
• Domestic capacity for producing the product in the United States.
• In addition, USTR will consider whether or not reinstating the exclusion will impact or result in severe economic harm to the commenter or other U.S. interests, including the impact on small businesses, employment, manufacturing output, and critical supply chains in the United States, as well as the overall impact of the exclusions on the goal of obtaining the elimination of China’s acts, policies, and practices covered in the Section 301 investigation."