USTR Announces Additional Exclusions to Section 301

On September 17, 2019 the USTR announced additional exclusions to Section 301, Tranches 1, 2, and 3. The current additional duty rate for products on these lists is 25% and it is scheduled to increase to 30% on October 15. However, any Chinese product on Tranche 3 that meets the description of an excluded product can submit an exclusion request.

The exclusions will be retroactive to July 6, 2018 and August 23, 2018 for List 1 and 2 products, respectively, and extend for one year after publication of the USTR notice of exclusion. The exclusions for List 3 products will be effective September 24, 2018 to August 7, 2020.

The USTR claimed that it will continue to add exclusion decisions for Tranche 1 and Tranche 2 routinely. Despite the fact that the exclusion request process has closed for both of these tranches, the exclusion request process for tranche 3 remains open until September 30, 2019. An exclusion process for Tranche 4 has been announced by the USTR, but has not yet opened.

The list of items excluded from additional duties as of September 17, 2019:

https://ustr.gov/sites/default/files/enforcement/301Investigations/%2434_Billion_Exclusions_Granted_September.pdf

https://ustr.gov/sites/default/files/enforcement/301Investigations/%2416_Billion_Exclusions_Granted_September.pdf

https://ustr.gov/sites/default/files/enforcement/301Investigations/%24200_Billion_Exclusions_Granted_September.pdf

If you have any questions about claiming refunds or whether or not you meet the requirements contact us and we will gladly help you navigate these regulations.

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