The United States Trade Representative (USTR) is providing an opportunity for the public to request exclusion of a particular product from the additional duties to address situations that warrant excluding a particular product within a subheading, but not the tariff subheading as a whole.

In making its determination, the USTR will consider whether (1) a product is available from a source outside of China, (2) whether the additional duties would cause severe economic harm to U.S. interests, and (3) whether the particular product is strategically important or related to Chinese industrial programs including “Made in China 2025”.

The exclusion process has the following important dates and features:

  • The public will have 90 days to file a request for a product exclusion.
  • Following public posting of the request on Regulations.gov, the public will have 14 days to file responses to the request for product exclusion.  After the close of the 14 day response period, interested persons will have an additional 7 days to reply to any responses received in support of or opposition to the request.
  • Exclusions will be effective for one year upon the publication of the exclusion determination in the Federal Register, and will apply retroactively to July 6, 2018.

Because exclusions will be made on a product basis, a particular exclusion will apply to all imports of the product, regardless of whether the importer filed a request. The U.S. Customs and Border Protection will apply the tariff exclusions based on the product.

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