USTR Considers Extending China Section 301 List 1 Exclusions

November 5, 2019 – The first round of Section 301 List 1 exclusions for Chinese origin products are set to expire on December 28, 2019.  The U.S. Trade Representative announced they are considering extending particular exclusions for another year.

They will begin accepting comments on whether to consider extending the exclusion timeframe. Interested importers seeking an opportunity to file remarks may do so, with comments being accepted beginning November 1, 2019, through November 30, 2019.

Extensions on each exclusion will be evaluated on a case-by-case base.  The focus will be on whether a product is still only available from China, or whether new sources are now available, and any efforts taken by importers to resource product.

Two forms will be used:

  • Form A, will be used to submit comments, using the public docket at http://www.regulations.gov, and Docket Number USTR-2019-0019.
  • Form B, which contains Business Confidential Information, is to be submitted by importers/and or purchasers of the products covered by an exclusion, along with Form A. Form B will not be posted on the public docket, but is to be submitted along with a copy of the completed Form A, via email to 301bciextensions@ustr.eop.gov

List 1 Section 301 duties on Chinese origin product went into effect on July 1, 2018, with goods subject to 25% additional duties. The first round of exclusions were granted on December 28, 2018, and use exclusion HTS 9903.88.05.

If you have any questions regarding submitting comments on extending Section 301 exclusions for the first tranche of List 1 Chinese origin products, Livingston can help!  Please contact either your Livingston account manager or our regulatory affairs group at usregaffairs@livingstonintl.com