USTR Issues Additional List 3 Exclusions, Seeks Comments on Medical Products

The Office of the U.S. Trade Representative (USTR) issued a new set of product exclusions from Section 301 List 3 Chinese tariffs.

The List 3 notice contains 1 HTS subheading completely excluded from 25% tariffs, which covers 1 exclusion request, and 176 partially excluded subheadings, covering an additional 202 separate requests.

The latest round of exclusions will retroactively apply to all products meeting the specified criteria effective September 24, 2018 – the date the U.S. first imposed List 3 duties – and will expire on August 7, 2020, as a full year “would have resulted in disparities in the effective periods between exclusions granted early in the exclusion process and those granted later.”

All importers who have an eligible product are able to claim an exemption under the new exclusions, regardless of whether the importer filed an exclusion request. The USTR will continue to issue decisions on pending exclusion requests on a periodic basis.

For all Shapiro customers, if you have requested this service, your Shapiro point of contact will be in touch shortly to discuss the latest round of exclusions, should they apply to your products.

Additionally, the USTR is asking the public to submit comments on any medical products that should be excluded from Section 301 tariffs in wake of COVID-19. The USTR asks that each comment identifies the product and explains how the product relates to the response to the Coronavirus outbreak (i.e. whether a product is directly used in treatment, and/or used in the production of medical-care products).

All submission requests must be sent electronically via the Federal eRulemaking Portal; the docket number is USTR–2020–0014. Comments will be open at least until June 25, 2020 and may be extended as appropriate.

For issues with online submissions related to Section 301, please contact: Assistant General Counsels Philip Butler or Benjamin Allen, (202) 395–5725.

How can we help? Shapiro is well versed in Section 301 exclusions. Please reach out to compliance@shapiro.com for assistance with your filings!

Shapiro will also continue to monitor and provide status updates on our Section 301 Tariff News page as they become available.

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