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 soon to expire China 301 tariff exclusions should be extended. The exclusions at issue are those described in the 11 List 3 product exclusion notices issued as of March 26, 2020.  These exclusions are scheduled to expire on August 7, 2020.

Links to each of the 11 product exclusion notices at issue can be found below:

Exclusions Granted August 7, 2019

Exclusions Granted September 20, 2019

Exclusions Granted October 28, 2019 

Exclusions Granted November 13, 2019

Exclusions Granted November 29, 2019

Exclusions Granted December 17, 2019

Exclusions Granted January 6, 2020

Exclusions Granted February 5, 2020

Exclusions Granted February 20, 2020

Exclusions Granted March 16, 2020

Exclusions Granted March 26, 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 May 1, 2020, to June 8, 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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