USTR Section 301 List 3 Exclusion Process Details Released

Per our Shap Flash posted on May 8, the office of the U.S. Trade Representative (USTR) released a statement indicating that the exclusion process for List 3 tariffs would be outlined shortly. Though no official announcement has been released yet, the USTR has released a separate notice on May 20th seeking the approval of forms to be used for submitting comments on List 3 product exclusion requests.

The unofficial announcement contained the following information:

  • Each request covers a single product.
  • Requests are to include additional information than was previously required, which will include, but is not limited to:
    • Nature of the product
    • Gross revenue
    • Cost of production of goods using Chinese – origin inputs
    • Value of imports from China and other countries
    • History of exclusion requests
    • Sourcing availability
  • USTR anticipates the window for submitting exclusion requests will open on or around June 30, 2019.
  • Comments can be adjusted and/or resubmitted up to 14 days after posting. Replies to comments are due within 1 week (7 days) of receipt.

As a reminder, comments are due by June 7, 2019.

Click here to view the List 3 exclusion request form published in the Federal Register.

Shapiro will continue to monitor the situation and provide updates as they become available.