Exclusion process for Section 301 List 4A tariffs announced; extensions considered

The U.S. Trade Representative (USTR) announced a process for requesting exclusions from Section 301 tariffs for products on List 4A subject to 15 percent tariffs. The exclusion request portal will be open Oct. 31 – Jan. 31, 2020.

Additionally, USTR’s initial product exclusions for List 1 expire Dec. 29. USTR published a Federal Register notice inviting comments on whether to extend these exclusions for another year. Comments are due Nov. 30. Comments must be submitted on www.regulations.gov under Docket No. USTR-2019-0019, not on USTR’s online exclusions portal.

USTR also released draft forms A and B detailing the recommended information required in the comments, including:

• Whether the product is available from the United States or third-party countries,
• The value of the importer/purchaser’s recent purchases of the product,
• Information on the importer/purchaser’s company’s gross revenue,
• Whether the duties would cause severe economic harm to an importer/purchaser.

The draft forms also require additional details, including whether Chinese suppliers have lowered their prices for products excluded from the duties.