The Office of the U.S. Trade Representative opened Oct. 15 a docket for requests to temporarily exclude specific machinery used in domestic manufacturing and classified under 312 HTSUS subheadings (see annex E in this notice) from the Section 301 tariffs against imports from China.
All such requests must be submitted no later than March 31, 2025. Each request must identify a particular product (via a 10-digit HTSUS number and a complete and detailed description) and provide supporting data and the rationale for the requested exclusion. USTR will evaluate each request on a case-by-case basis, taking into account the asserted rationale, whether the exclusion would undermine the objective of the Section 301 investigation, and whether the request defines the product with sufficient precision.
Responses to individual requests will be due 30 days after the request is posted on USTR’s portal. Replies to responses will be due the later of 15 days after a response is posted or 15 days after the closing of the 30-day response period.
Any exclusions granted will be effective starting from the date the exclusion determination is published in the Federal Register and extending through May 31, 2025. USTR is accepting exclusion requests on a rolling basis and will periodically announce decisions on pending requests.
ST&R can help importers of covered machinery to navigate this tariff exclusion process. For more information, please contact your ST&R professional or via this email.
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