Last week the USTR announced that they will consider putting a process in place to extend exclusions from the China Section 301 List 1 that were set to expire on December 28th.  

The current notice states that they “will evaluate the possible extension of each exclusion on a case-by-case basis. The focus of the evaluation will be whether, despite the first imposition of these additional duties in July 2018, the particular product remains available only from China. In addressing this factor, commenters should address specifically:  

  • Whether the particular product and/or a comparable product is available from sources in the United States and/or in third countries.
  • Any changes in the global supply chain since July 2018 with respect to the particular product, or any other relevant industry developments.
  • The efforts, if any, the importers or U.S. purchasers have undertaken since July 2018 to source the product from the United States or third countries.”

In addition the USTR advised  that they:  “will continue to consider whether the imposition of additional duties on the products covered by the exclusion will result in severe economic harm to the commenter or other U.S. interests.”

Please follow the link below for the USTR’s initial announcement.

https://ustr.gov/about-us/policy-offices/press-office/press-releases/2019/october/ustr-consider-extending-certain

Comments can be submitted at the link below,  the deadline to submit comments is November 30th:

https://www.regulations.gov/document?D=USTR_FRDOC_0001-0550

We will continue to provide update as they are received.