USTR provides vehicle to request exclusion from 25% China 301 duties.

Companies and associations can write to request an exclusion from 25% duties under China 301 trade measures.

On July 6th, the Office of the United States Trade Representative (USTR) published a press release on their site detailing the process by which companies (or trade associations) can request exclusions from the 25% duties that were assessed on more than 800 HTS numbers from China. The instructions for requesting an exclusion were published the same date that the duties came into effect, triggering a reciprocal action from Beijing.

Unlike the steel and aluminum duties which were assessed and other categories of actions, the provision for a way out from underneath is a new one to importers and one that they can use to attempt to nullify the impact.

Published in the Federal Register, there are key elements to the program that applicants must be aware of.

  1. The period to request an exclusion runs through October 9, 2018.
  2. The public has fourteen days to respond to requests for exclusion once published on regulations.gov and after that period, an additional seven days to reply to any comments in favor of exclusion.
  3. Exclusions will apply for one year from date of publication and are retroactive to July 6, 2018.

There are a number of additional nuances and  simply writing to request an exclusion does not guarantee its acceptance. For more information about this opportunity for companies and associations, contact Lorrie Roddy, Director of Compliance, in our Chicago office at (630) 595-7300.