Possible Extension of China Section 301 Tariff Exclusions

The Office of the U.S. Trade Representative has set an Oct. 16 deadline for comments on whether the exclusion of 178 products from Section 301 tariffs on China should be further extended. These exclusions were recently extended through Nov. 29.

Products that could continue to be excluded from the tariffs include (1) those listed in Annex C to this notice and (2) the solar manufacturing equipment listed in Annex B to this notice. These exclusions are available for any product that meets the specified HTSUS numbers and product descriptions, regardless of whether the importer filed an exclusion request. 

USTR states that it will evaluate whether each exclusion warrants further extension on a case-by-case basis. The focus of the evaluation will be on the availability of the subject product from sources outside of China, efforts undertaken to source the subject product from the U.S. or third countries, why additional time is needed, and whether further extending the exclusion will likely contribute to a shift in sourcing the product outside of China. USTR will also consider whether further extending the exclusion is consistent with the administration’s priorities and how it would impact U.S. interests, including the goal of eliminating China’s acts, policies, and practices covered in the original Section 301 investigation.