Requests for exclusions from the additional 25 percent tariff imposed as of Aug. 23 on goods classified under 284 tariff lines when imported from China are due by Dec. 18. This tariff was levied in response to a Section 301 investigation determination that China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation are unreasonable and discriminatory. Any exclusions granted will be retroactive to Aug. 23 and will remain in effect for one year.

(Click here for ST&R’s web page providing information on the U.S. tariffs imposed under Section 232 and Section 301 as well as the retaliatory tariffs trading partners are levying on U.S. goods.)

Any interested person, including trade associations, may request exclusions from the Section 301 tariff on the so-called List 2 items. Each request must include the following information.

- identification of the product in terms of the physical characteristics that distinguish it from other products within the covered eight-digit HTSUS subheading (requests that identify the product in terms of the identity of the producer, importer, or ultimate consumer; actual or chief use; or trademarks or trade names will not be considered)

- applicable ten-digit HTSUS number

- annual quantity and value of Chinese-origin product the requester purchased in each of the last three years

- for imports sold as final products, the percentage of the requester’s total gross sales in 2017 that sales of the Chinese-origin product accounted for

- for imports used in the production of final products, the percentage of the total cost of producing the final product(s) the Chinese-origin input accounts for and the percentage of the requester’s total gross sales in 2017 that sales of the final product(s) accounted for

In addition, each request should address the following factors.

- whether the product is available only from China and whether a comparable product is available from sources in the U.S. and/or third countries

- whether the additional tariff on the product would cause severe economic harm to the requester or other U.S. interests

- whether the product is strategically important or related to “Made in China 2025” or other Chinese industrial programs

Requesters may also submit information on the ability of U.S. Customs and Border Protection to administer the exclusion.

For more information on the format and approach needed to submit these exclusion requests, please contact Nicole Bivens Collinson at (202) 730-4956 or Kristen Smith at (202) 730-4965.

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