The U.S. Trade Representative announced they are now accepting requests for exclusions from Section 301 List 3 duties assessed on Chinese origin product, in the USTR portal.
Exclusion Requests may be filed as of June 30, 2019, until September 30, 2019, using Docket ID Number USTR-2019-0005.
Additional duties were imposed on $200 Billion worth of goods, as a remedy against China’s acts and policies related to technology transfer, Intellectual Property Rights (IPR), and innovation.
List 3 became effective on Sep 24, 2018, and currently imposes a 25% additional duty. Please note that goods entered and exported prior to May 10, 2019, were assessed only a 10% additional duty.
The Harmonized Tariff Schedule (HTS) numbers covered under List 3 may be viewed at CBP’s Section 301 HTSUS Reference Guide.
As with other Section 301 exclusions, approved exclusions are announced periodically. For List 3, any approved exclusions would be effective beginning September 24, 2018, and extend for one year from the day of posting of the Federal Register Notice (FRN).
(Note: As of July 1, 2019, List 1 has had 5 rounds of exclusions granted, with none yet approved for List 2.)
Exclusion Requests:
- Any interested party may request an exclusion and submit it through the USTR Exclusions Portal.
- Requesters must first register, then submit an exclusion request form, which includes such information as contact, name of requestor, 10-digit HTS, product name and detailed description, the reason they feel the product should be excluded, as well as details on their annual purchased quantity and value.
- Separate requests must be done for each product, but a range of comparable goods may be included for a specific HTS.
- Approved exclusions will not be tied to a producer or exporter.
Interested parties are also able to view all exclusion requests filed by others, searching by the 10-digit HTS, product name, or organization.
A Frequently Asked Questions is also available.
U.S. Customs and Border Protection (CBP) recommended importers file requests to extend liquidation for entries of Chinese origin product under Section 301, if an exclusion request was filed, but is pending approval.
If you have any questions regarding being able to apply for exclusions from Section 301 List 3 duties, Livingston can help! Please contact either your Livingston account manager or our regulatory affairs group at usregaffairs@livingstonintl.com