Background

Exclusions from the Section 301 additional tariffs on imports from China for 99 medical care products needed to address the COVID-19 pandemic could be extended past their current Sept. 30 expiration date. The Office of the U.S. Trade Representative is accepting comments on this possibility through Sept. 27.

The exclusions (click here for full list) 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 each exclusion request on a case-by-case basis. This evaluation will examine whether it remains appropriate to exclude the product in light of the spread of the Delta variant of COVID-19 as well as increased domestic production of certain products. USTR will also take into account the overall impact of these exclusions on the goal of obtaining the elimination of China’s acts, policies, and practices covered in the original Section 301 investigation.

ST&R can help companies prepare and submit comments in support of an extension. ST&R is also working with members of Congress to secure a reinstatement of expired exclusions and a renewal of the process for granting new exclusions. For more information on these efforts, please contact Nicole Bivens Collinson (at (202) 730-4956 or via email) or  Kristen Smith (at (202) 730-4965 or via email).

Click here for more information on strategies importers can use to mitigate the impact of Section 301 and other tariffs.

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