Investigation Phase | Public Comments and Hearing – Docket USTR-2018-0026 Product Exclusion Requests
On July 10, USTR released a proposed third list of products imported from China that would be subject to an additional tariff.
The proposed list contains thousands of products at the 8-digit HTS tariff level valued at $200 billion worth of Chinese imports.
USTR released the final third tariff list on September 17. The list includes 5,745 products valued at approximately $200 billion.
An additional duty of 25% is effective May 10, 2019. In a follow-up notice, products from China that were exported to the U.S. before May 10, 2019 and entered U.S. Customs for consumption before June 15, 2019 will be covered under 10% tariff. Any products that entered into the U.S. on or after June 15, 2019 are subject to the 25% additional tariff.
– Exclusion Requests Electronic Portal
On June 24, 2019, USTR published a notice
establishing the exclusion process for Chinese products subject to Section 301 third list tariffs. Important Dates:
- Sept. 30, 2019 - Deadline to submit exclusion requests
- Interested parties have 14 days to respond, in support or opposition for the request.
- After a response is posted, the requester will have 7 days to reply to the response.
The notice includes the exclusion request form and require the following information: Product Identification
- 10-digit HTS subheading, product name
- Detailed description of the product
- Product functions and application
Supporting Data and Rationale for the Requested Exclusion
- Data on annual quantity and value of the product in 2017-2019
- Company’s gross revenues for 2018-2019
- For imports sold as final products, percentage of total gross sales for Chinese-origin product
- For imports used in production of final products, details on total cost of producing final product and percentage of total gross sales
- Whether the product is available only from China and if the product (or comparable product) is available from sources in the U.S. or in third countries
- Whether requester has attempted to source the product from the U.S. or third countries
- Whether imposition of duties since Sept. 2018 has or will cause severe economic harm on U.S. interests
- Whether the product is important/related to “Made in China 2025” or other Chinese industrial programs
Products on the third tariff list went into effect on Sept. 24 at 10% tariff rate and increased to 25% tariff rate on May 10, 2019. Exclusions will be retroactive to Sept. 24 and be valid for one year from the date the exclusion determination is published in the Federal Register.
List 3 Tariff Resources