USTR Creates Web Portal for Section 301 Tariff Product Exclusion Requests

Posted Jul 1, 2019

he Section 301 tariff. USTR published its much-anticipated notice in the Federal Register.1 List 3 contains nearly 6,000 tariff classifications covering imported Chinese-origin goods valued at approximately USD 200 billion annually.

The new web portal process is a different approach for submitting Section 301 product exclusion requests than regulations.gov used for filing exclusion requests covered by List 1 and List 2 of the tariffs. The new portal will become effective on Sunday, June 30, 2019 at 12:00 p.m. EDT. Exclusion requests can be filed through September 30, 2019. Requesting parties must first register to use the portal at https://exclusions.ustr.gov.

Like the process used for List 1 and List 2 product exclusions, third parties will be able to file opposing and supporting comments within fourteen (14) days of the date an exclusion request is posted for public comment, with a reply period of seven (7) days to follow. Also similar to the past process (discussed in our August 2018 client alert), product exclusions that are granted will be effective for one (1) year from the date they are published in the Federal Register and will be retroactive to September 24, 2018, the date on which the List 3 tariff rate of 10 percent went into effect (since raised to 25 percent on May 10, 2019).

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