Importers of numerous goods from China won’t face higher tariffs for at least several more months after President Biden extended hundreds of Section 301 tariff exclusions through May 31. These include more than 300 exclusions of various products (click here for full list) as well as exclusions for 77 medical care products needed to address the COVID-pandemic. 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.
In addition, a docket for public comments on whether to further extend particular tariff exclusions will open Jan. 22 and close Feb. 21. The Office of the U.S. Trade Representative said it will evaluate such potential extensions based on the availability of covered products from sources outside of China, efforts undertaken to source covered products from the U.S. or third countries, why additional time is needed, and on what timeline, if any, the sourcing of covered products is likely to shift outside of China. USTR will also consider whether or not extending the exclusion will impact U.S. interests, including the goal of obtaining the elimination of China’s acts, policies, and practices covered in the original Section 301 investigation.
In the meantime, Section 301 tariffs remain in effect on hundreds of billions of dollars’ worth of other goods imported from China. The Biden administration has apparently not yet concluded a long-awaited review of those tariffs, which officials had expected to wrap up by the end of 2023, and USTR said the extension of the existing exclusions will “facilitate the alignment of further decisions on these exclusions with the ongoing four-year review.” USTR Katherine Tai has said this review could result in some changes to the tariffs, including removals and/or additions, as well as a new exclusion process.
In the meantime, efforts to ameliorate the impact of the China Section 301 tariffs are continuing.
- ST&R is advocating for the renewal of all previously approved exclusions and the creation of a process allowing for new exclusion requests (for more information, please contact strdc@strtrade.com).
- There are a number of proven and legitimate ways to effectively avoid the tariffs or limit their impact (click here for more information).
- Importers of List 3 and 4A goods from China can still preserve their rights to possible refunds of tariffs paid on such goods by joining an ongoing court case (for more information, or assistance filing a claim, please contact us at 301Litigation@strtrade.com).
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