Companies who were granted exclusion requests for Section 301 tariffs on List 1 have an opportunity to extend the current exclusions that are set to expire on December 28.
United States Trade Representative (USTR) announced they will publish a Federal Register notice this week with the details for the process. A draft of the notice can be viewed here. The comment process will open November 1 and close November 30. This extension will only apply to exclusions set to expire on December 28 and will be evaluated on a case-by-case basis.
The focus of the evaluation will be whether, despite the first imposition of these additional duties in July 2018, the particular product remains available only from China. In addressing this factor, commenters should address specifically:
- Whether the particular product and/or a comparable product is available from sources in the United States and/or in third countries.
- Any changes in the global supply chain since July 2018 with respect to the particular product, or any other relevant industry developments.
- The efforts, if any, the importers or U.S. purchasers have undertaken since July 2018 to source the product from the United States or third countries.
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