USTR Opens Comment Period on Extension of Section 301 China Tariff Exclusions

The Office of the U.S. Trade Representative (USTR) is considering whether to extend particular Section 301 China tariff product exclusions beyond May 31, 2024, and has opened a 30-day public comment period running through Feb. 21, 2024. 

In March 2022, the USTR reinstated 352 previously expired product exclusions and, in May 2023, extended 77 COVID-19-related exclusions.

The USTR has asked for written comments on whether to extend the 429 total product exclusions. Importers, manufacturers, and other parties are encouraged to review the list of  product exclusions to determine whether they may have an interest in commenting in support or opposition of the exclusions.

The agency is particularly interested in receiving comments addressing:

• Support for or opposition of extending the exclusion beyond May 31, 2024
• The availability of products covered by the exclusion from sources outside of China
• Efforts undertaken to source the product from the United States or third countries
• Why additional time is needed to shift sourcing out of China and on what timeline, if any, importers expect sourcing to shift outside of China

Individuals wishing to comment on more than one exclusion must submit a separate comment for each exclusion. U.S. importers and purchasers of the 429 products, as well as other interested parties, may want to submit comments before the Feb. 21, 2024, deadline.  

The USTR will consider whether or not extending the exclusion will affect U.S. interests, including the overall effect of the exclusion on the goal of obtaining the elimination of China's acts, policies and practices covered in the USTR’s Section 301 investigation.

To obtain more information, please contact the Barnes & Thornburg attorney with whom you work or Luis Arandia at 202-408-6909 or luis.arandia@btlaw.com or David Spooner at 202-371-6377 or david.spooner@btlaw.com.

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