Section 301 Tariff Exclusions Now Being Considered for Extension

Posted on May 5

The Office of the United States Trade Representative (USTR) is initiating a review of a 12 month extension of exclusions from the China Section 301 additional tariffs imposed on List 1, List 2, and List 3 goods. They have requested comments from interested parties and those comments may be submitted until June 1 for List 1 and List 2 goods, and until June 8 for List 3 goods. All comments must be submitted electronically through the Online Portal in the required format.

In evaluating comments, the USTR will be focusing on responses such as, but not limited to the following:
> Can the product be sourced elsewhere?
> Have there been any changes to the product’s supply chain?
> What (if any) efforts have been made to source the product elsewhere?
> Whether Chinese suppliers have lowered their prices for the excluded product following the imposition of tariffs
> What is the value and quantity of the excluded product purchased from domestic and third-country sources in 2018 and 2019?
> Whether the imposition of tariffs on the excluded product will result in severe economic harm to the commenter or other U.S. interests
> Whether the commenter supports or opposes extending the exclusion and why

Please note that the possible exclusion extensions are in regards to the following.
> The sixth set of exclusions for List 1 goods, set to expire July 9, 2020
> The first set of exclusions for List 2 goods, set to expire July 31, 2020
> The initial eleven rounds of product exclusion for List 3 goods, set to expire August 7, 2020

To access the sets of exclusions referred to above, you can click on any of the below links.

List 1: Notice of Product Exclusions: China’s Acts, Policies and Practices Related to Technology Transfer, Intellectual Property, and Innovation (July 9, 2019)

List 2: Notice of Product Exclusions: China’s Acts, Policies and Practices Related to Technology Transfer, Intellectual Property, and Innovation (July 31, 2019)

List 3: Notice of Product Exclusions: China’s Acts, Policies and Practices Related to Technology Transfer, Intellectual Property, and Innovation (March 26, 2020)
List 3: Notice of Product Exclusions: China’s Acts, Policies and Practices Related to Technology Transfer, Intellectual Property, and Innovation (March 16, 2020)
List 3: Notice of Product Exclusions: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation (February 20, 2020)
List 3: Notice of Product Exclusions: China’s Acts, Policies and Practices Related to Technology Transfer, Intellectual Property, and Innovation (February 5, 2020)
List 3: Notice of Product Exclusions: China’s Acts, Policies and Practices Related to Technology Transfer, Intellectual Property, and Innovation (January 6, 2020)
List 3: Notice of Product Exclusions: China’s Acts, Policies and Practices Related to Technology Transfer, Intellectual Property, and Innovation (December 17, 2019)
List 3: Notice of Product Exclusions: China’s Acts, Policies and Practices Related to Technology Transfer, Intellectual Property, and Innovation (November 29, 2019)
List 3: Notice of Product Exclusions: China’s Acts, Policies and Practices Related to Technology Transfer, Intellectual Property, and Innovation (November 13, 2019)
List 3: Notice of Product Exclusions: China’s Acts, Policies and Practices Relating to Technology Transfer, Intellectual Property, and Innovation (October 28, 2019)
List 3: Notice of Product Exclusions, Amendment to the Exclusion Process, and Technical Amendments: China’s Acts, Policies and Practices Relating to Technology Transfer, Intellectual Property, and Innovation (September 20, 2019)
List 3: Notice of Product Exclusions: China’s Acts, Policies and Practices Related to Technology Transfer, Intellectual Property, and Innovation (August 7, 2019)

Please contact your V. Alexander account team with any questions and follow us on our website www.valexander.com for updates on this and other topics.