USTR Requests Comment on Reinstating Some Chinese Section 301 Tariff Exclusions 

The Office of the United States Trade Representative (USTR) has announced that it is seeking public comment on the reinstatement of specific China Section 301 import tariff exclusions. Approximately 2200 tariff exclusions were granted by the USTR prior to the majority of exclusions expiring before 2021. Some products related to combating the COVID pandemic continue to have an extended exclusion period. 

Of the 2200 exclusions originally granted, 549 were previously extended by the USTR to warrant additional time for U.S. parties to adjust their supply chains and address related sourcing challenges. Most of these exclusions expired by December 31, 2020. 

The USTR is now asking for public comment as it considers the partial or full reinstatement of these 549 exclusions. Whether or not it grants further exclusions, the USTR will consider economic harm to U.S. interests and the achievement of its goals as outlined in the original China Section 301 investigation. 

The public comment period will run from October 12 – December 1, 2021. Any reinstated tariff exclusion(s) will be retroactive to October 12, 2021, providing for possible duty (tariff) recovery. 

Submissions may be provided to the USTR per the Federal Register notice attached to the announcement. As part of this initiative, the USTR notes it will “work to ensure the China 301 tariffs align with the Biden-Harris Administration’s economic priorities”

Please contact your local Delmar representative or our U.S. Customs Advisory Services Group for additional information and assistance. 

Additional Information: 

USTR Announcement 

Federal Register Notice 

List of 549 Previously Extended USTR Exclusions 

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