GDLSK: Grunfeld Desiderio Lebowitz Silverman & Klestadt LLP
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The Office of the U.S. Trade Representative (“USTR”) has issued a notice requesting comments on whether certain additional China 301 tariff exclusions, scheduled to expire on August 7, 2020, should be extended. It has previously solicited comments with respect to the exclusions described in the 11 List 3 product exclusion notices issued as of March 26, 2020 (details at:

In its current notice, it is now soliciting comments on whether to extend, for a period of up to 12 months, certain exclusions granted under the final three China 301 List 3 product exclusion notices.  Links to each of the three product exclusion notices at issue can be found below:

Exclusions Granted April 24, 2020

Exclusions Granted May 8, 2020

Exclusions Granted May 21, 2020

The USTR will evaluate the potential extensions on a case-by-case basis. The focus will be on whether the particular product remains available only from China.  Factors to be considered include:

  • 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 with respect to the particular product or any other relevant industry developments.
  • The efforts, if any, the importers or U.S. purchasers have undertaken to source the product from the United States or third countries.
  • Whether the imposition of additional duties on the products covered by the exclusion will result in severe economic harm to the commenter or other U.S. interests.

Any comments must be submitted in a specified format on the UTRS’s 301 web portal and address particular data points solicited by the portal.  A separate comment must be submitted for each exclusion.  The docket for the above actions will remain open from June 8, 2020, to July 7, 2020.

Should you have any questions or would like assistance in preparing comments in support of extensions for the above China 301 exclusions, please do not hesitate to contact our office.


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