U.S. importers should be aware that the U.S. Trade Representative (USTR) will start accepting written comments about reinstating certain expired China Section 301 exclusions. This is a valuable opportunity for importers, as they have the chance to share their opinions about which exclusions should remain in force, and for how long. In addition, if the USTR reinstates exclusions, companies may save 7.5% to 25% in additional duties.
Out of 549 possible exclusions, which expired December 21st, 2020, March 25th, 2021, or April 18th, 2021, 137 were for List 1, 59 for List 2, 266 for List 3, and 87 for List 4A.
U.S. importers may file comments at the USTR online portal between October 12th, 2021 through December 1st, 2021. . Commenters will need to specify whether the product is available from other sources in the U.S. or third countries, and whether they have looked at resourcing the product at places other than China.
The USTR will evaluate exclusions on a case-by case basis. Should any be approved, they would be retroactive to an entry date of October 12th, 2021.
Please direct any questions regarding Section 301 duties and exclusions to your Livingston account manager.