The Office of the U.S. Trade Representative has completed its processing of requests for exclusions from the Section 301 additional tariff on imports of List 1 and List 2 goods from China. USTR is continuing to review exclusion requests for List 3 goods and recently announced a process for submitting exclusion requests for List 4A goods.
Importers should be aware that approved exclusions are available for any product that meets the specific product description, regardless of whether the importer filed an exclusion request. In addition, the scope of each exclusion is governed by the scope of the 10-digit subheading or the specific product description to which it applies, not by the product descriptions set out in any particular request. Exclusions are retroactive to a specified date (see details below) and importers of excluded goods may apply for refunds of tariffs paid on them since the associated date.
Information from USTR indicates that of the 10,823 List 1 exclusion requests received, 7,157 were denied and 3,666 were granted. A full list of HTSUS numbers excluded from the List 1 tariff can be found here. These exclusions are retroactive to July 6, 2018, and effective for one year from the date they are published in the Federal Register.
Of the 2,868 exclusion requests received for List 2 goods, 1,794 were denied and 1,074 were approved. A full list of HTSUS numbers excluded from the List 2 tariff can be found here. These exclusions are retroactive to Aug. 23, 2018, and effective for one year from the date they are published in the Federal Register.
USTR has received 30,329 exclusion requests for List 3 goods, denied 378, and approved 64 (full list of affected HTSUS numbers available here). Approved exclusions are retroactive to Sept. 24, 2018, and will expire Aug. 7, 2020.
The remainder of the List 3 requests are (a) still open for public comments, (b) undergoing an initial review of whether they should be granted based on substantive criteria, or (c) undergoing further review to determine whether they would be administrable by U.S. Customs and Border Protection.
USTR has recently announced that between Oct. 31 and Jan. 31 it will accept requests for exclusions from the additional 15 percent tariff imposed on List 4A goods. Any exclusions granted will be effective until Sept. 1, 2020. Click here for more information on this exclusion request process.
Customs and trade law firm Sandler, Travis & Rosenberg can help companies understand whether their products are among those that have been or might be excluded from the Section 301 tariffs. ST&R has also been successful helping companies get specific tariff numbers and products removed from the lists of those subject to these tariffs. For more information, please contact your ST&R professional or Sandler, Travis & Rosenberg, P.A.
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