section 301 exclusion requests

Trade Counsel to Assist Auto Care Association Members in Filing Section 301 Tariff Exclusion Requests

The Auto Care Association has partnered with the law firm of Dentons US LLP to assist members of the Auto Care Association with the creation and submission of exclusion requests for products affected by the Trump administration's Section 301 tariffs on products imported from China.

The Section 301 tariff list (Annex A and B) that went into effect on July 6, 2018 includes products at the broader 8-digit HTS level. An exclusion request asks the U.S. Department of Commerce to exempt a particular product at the 10-digit HTS level based on a product’s characteristics.

The USTR evaluates each request individually in accordance with certain criteria. If the USTR determines that a request merits excluding a particular product from the additional tariff, it will apply retroactively to the July 6 date when the Section 301 tariff was imposed.

Tariff exclusions are applied to every product meeting the same specifications, regardless of the importer or the party who submitted a request.

Please note that if you would like to file an exclusion request but are not retaining Dentons, you may also contact Angela Chiang with questions regarding the submission process or find information on our main Section 301 resource page. Exclusion requests are due Oct. 9, 2018.

Next Steps to Retain Dentons

If you are interested in retaining Dentons for assistance, please complete this questionnaire for each product you are seeking to request for an exclusion. The questionnaire will help determine if similar products can be included in a single request, or if multiple requests must be submitted.

The cost to process an exclusion request by Dentons will be set at $1,000 per Member, per product. If you have multiple products, an additional amount can be negotiated based on the volume of potential requests. All request work will be performed by Dentons, as will the collection and collation of product information.

If there are aggregate product requests, one exclusion request will be drafted by Dentons and submitted to USTR by the Auto Care Association on behalf of its affected members.

Members are asked to decide by no later than Aug. 14, 2018 if they wish to engage Dentons, and ensure all necessary information is compiled and submitted by Sept. 4, 2018. If you have any further questions or are interested in retaining Dentons for the exclusion request process, please contact Cody Wood.

Please note that just because a request is made does not mean there will be any guarantee it is granted. As seen with similar requests made for steel and aluminum, processing the requests can take a significant amount of time. As such, it is important to provide as much detail as is available to ensure the requests are processed and submitted accurately, and efficiently.

Dentons has agreed to this arrangement as a service to our members. You will have a direct relationship with Dentons and Dentons will be responsible for the requested filings. By retaining Dentons for this service, you agree that the Auto Care Association makes no representation or warranty concerning the results of any efforts by Dentons on your behalf and you agree that the Association has no responsibility or liability for any results of Dentons’ efforts.
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