USTR Seeks Comments for Section 301 Tariff Exclusion Renewals

The U.S. Trade Representative (USTR) launched a web portal to receive public comments on the possible reinstatement of certain previously expired Section 301 tariff exclusions.  Currently, there are no exclusions from List 1, List 2, List 3, and List 4A tariffs – except for some COVID PPE-related items – so importers have paid Section 301 tariffs on Chinese origin goods since the end of 2020.

While the USTR granted about 2,200 product exclusions between 2019 and 2020, 549 of those were extended.  The USTR is seeking comments for those 549 tariff exclusions that are up for renewal.  Each exclusion will be evaluated on a case-by-case basis, focusing on whether particular products remain available only from China.  According to the Federal Register notice announcing the exclusion renewal process, commenters should address:

• 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 United States or third countries.
• Domestic capacity for producing the product in the United States.

If an exclusion is renewed, it will be renewed retroactively back to October 12, 2021.

Written comments must be submitted through the online portal by December 1, 2021.  If you wish to comment on multiple exclusions, you will need to submit a separate comment for each exclusion.