October at-a-glance … taxes, tariffs & trade

USTR considers reinstating some Section 301 tariff exclusions

The United States Trade Representative (USTR) opened an exclusion reinstatement request process for 549 previously extended exclusions that expired Dec. 31, 2020. Requestors have until Dec. 1 to submit comments through the USTR comment portal. Reinstated exclusions will be retroactive to Oct. 12.

Specifically, USTR wants commenters to focus on:

• Whether the product and/or a comparable product is available from sources in the U.S. and/or in third countries.
• Changes in the global supply chain since September 2018 with respect to the product or any other relevant industry developments.
• Efforts 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 U.S.
• The recommended appropriate length for the reinstated exclusions.

USTR will evaluate the possible reinstatement of each exclusion on a case-by-case basis. Additionally, it will consider 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.”