section 301 exclusion requests

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

On June 30, 2019 the Office of the U.S. Trade Representative (USTR) opened the electronic submission portal for product exclusions requests subject to Section 301 List 3 tariffs on imports from China.

The Auto Care Association has partnered with the law firm of Dentons US LLP to assist members with the creation and submission of exclusion requests for products contained in List 3.

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 when the tariff went into effect on Sept. 24, 2018.

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 Sept. 30, 2019.


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 you have any further questions or are interested in retaining Dentons for the exclusion request process, please contact Cody Wood at Dentons at cody.n.wood@dentons.com by July 31, 2019.

Please be aware that the making of a request is not a guarantee that it will be granted, or that it will be reviewed promptly. As the previous, and ongoing, Section 301 exclusion request process demonstrate, review is slow and applications are more likely to be denied than approved. Nevertheless, the potential benefit of having these additional tariffs lifted far outweighs the costs of submitting the request.

We will continue to fight and advocate for the benefit of our members as long as the deleterious effects of these trade measures remains. You are free to submit your own request as well, and are encouraged to the extent you feel able. More voices on an issue help strengthen the case made before the USTR.

The information and questions contained herein are not be considered legal advice, nor can they be relied on as providing any legal opinion. Your completion and submission of this questionnaire does not create a legal relationship between you and Dentons US LLP (“Dentons”), its attorneys, employees, or other affiliates. Your provision and submission of this information is for inquiry purposes only, and any representation or assistance from Dentons can only be provided after the signature of an express agreement you and Dentons, subject to terms and conditions and the resolution of any potential or actual conflicts of interest.

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