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New Opportunity for Consideration or Reconsideration of Tariff Exclusions for Medical Products

Tuesday, March 24, 2020
Sandler, Travis & Rosenberg Trade Report

The Office of the U.S. Trade Representative is accepting comments through at least June 25 on the possible removal of the Section 301 25 percent tariff with respect to additional medical care products from China, including those that may have previously been rejected for an exclusion.

Earlier this month USTR granted approximately 200 tariff exclusions for personal protective equipment and other medical care-related products related to the U.S. response to COVID-19. USTR is now considering possible exclusions for additional medical care products needed for this response. Each comment must (a) identify the product as precisely as possible, including its ten-digit HTSUS subheading and its functionality and physical characteristics, and (b) explain precisely how it relates to the COVID-19 response (e.g., the product may be directly used to treat the virus, limit the outbreak, or produce other needed medical care products).

USTR notes that comments may be submitted regarding any product subject to the additional tariff, regardless of whether it is subject to a pending or denied exclusion request. This means companies can seek tariff exclusions for products previously denied them as well as products not subject to previous exclusion requests.

For more information, please contact trade consultant Nicole Bivens Collinson at (202) 730-4956 or trade attorney Kristen Smith at (202) 730-4965.

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