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Frequently Asked Questions about the Exclusion Process from Section 301 Tariffs on China.

Update on China 301 Tariff Exclusion Requests

 

Frequently Asked Questions about the Exclusion Process from Section 301 Tariffs on China.

Q. How do I file for an exclusion?

A. First we need to know which of the three lists of China 301 tariffs your product is on.

Q. How can I find out which list I am on?

A. List 1 went into effect July 9, 2018, with a 301 tariff (in addition to regular tariffs) of 25%. If your imported article is on List 1, your import documentation will show the classification 9903.88.01, in addition to the regular classification number.

List 2 went into effect August 23, 2018, with a 301 tariff (in addition to regular tariffs) of 25%. If your imported article is on List 2, your import documentation will show the classification 9903.88.02, in addition to the regular classification number.

List 3 went into effect September 24, 2018, with a 301 tariff (in addition to regular tariffs) of 10%, which increased to 25% on June 15, 2019. If your imported article is on List 2, your import documentation will show the classification 9903.88.03, in addition to the regular classification number.

No exclusion request are being accepted for List 1 or List 2. The deadline for List 1 was last October, the deadline for List 2 was last December.

Note that if you missed the deadline to file for an exclusion from List 1 or 2, but someone else filed, and was granted, an exclusion for the same product, you can take advantage of that exclusion. Exclusions are specific to the article, not the importer.

If you are on List 3, the window for applying for exclusions opened on June 30, 2019, and will close September 30, 2019.

Q. What is the status of requests relating to List 1 or List 2?

A. Section 301 tariff requests are processed through stages:

Stage 1 – Public Comment Period.

Stage 2 – Initial Substantive Review. Initial Substantive Review of whether the exclusion request should be granted. Requests that pass the Substantive Review will proceed to Stage 3.

Stage 3 – Administrability Review. Based on consultations with U.S. Customs and Border Protection (CBP), the request is further reviewed to determine whether an exclusion would be administrable. Requests that pass the administrability review may be granted.

Late in the day of Friday of each week, USTR updates spreadsheets that track the status of the requests, the most recent update was July 12.

List 1. Total filed = 10,826. Granted = 2,801. Denied = 6,625. There are 1,400 pending, all in Stage 3.

List 2. Total filed = 2,920. Granted = 826. Denied = 1,719. There are 375 pending, all in Stage 3.

List 3. Total filed = 452, all in Stage 1. The deadline for filing is September 30, 2019.

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Previously published July 13, 2019 | David Trumbull
| Jim Carson

 

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