Comments Taken on Tariff Exclusion Extensions

The U.S. Trade Representative’s (USTR) office posted a notice inviting comments on whether to reinstate previously extended tariff exclusions under Section 301.

USTR granted more than 2,200 exclusions under Section 301 but most of those exclusions expired by Dec. 31, 2020. USTR said 549 were extended.

“As these exclusions were previously found to warrant additional time,” the office stated, “USTR will evaluate, on a case-by-case basis, the possible reinstatement of each exclusion.”

USTR said the evaluation’s focus will be whether, despite the first imposition of these additional duties in September 2018, the particular product remains available only from China.

In addition, USTR said it will consider whether reinstating the exclusion will impact or result in severe economic harm to the commenter or other U.S. interests, including the impact on small businesses, employment, manufacturing output, and critical supply chains in the United States. The exclusions’ overall impact on the goal of obtaining the elimination of China’s acts, policies and practices covered in the Section 301 investigation also will be considered.

The public comment period begins Oct. 12 and runs through Dec. 1. Reinstated exclusions will be retroactive to Oct. 12. Reinstated exclusions will be published in the Federal Register.

RVIA stated if companies can benefit from an exclusion reinstatement, they can contact Samantha Rocci at [email protected] for assistance.