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USTR/CHINA TARIFF EXCLUSION REQUEST FAQs- DEADLINE SOON

For what imports can a Sec. 301 tariff exclusion request be made for?

The current list (aka “tranche”) of products eligible for requesting an exclusion are those in the fourth wave of tariff classification numbers that have been put into effect and are overseen by the US Trade Representative’s Office (USTR). Two lists were generated which are known as lists “4a” and “4b.” The requirement to pay the additional duties on products subject to the Sec. 301 tariffs, which are contained in List 4a, went into effect on 9/1/2019 and for List 4b, they will go into effect on 12/15/2019.

What is the deadline for submitting a Request?

Exclusion requests for products contained in List 4a may currently be filed and are due on 1/21/2020. The USTR portal for making these requests opened on 10/31/19. The deadline for the 4b list has not been published yet and is therefore, not currently known.

What happens if my product(s) is excluded?

An importer may then go back and recover the additional duties on entries dating back to September 1, 2019, and extending one year after the publication of the exclusion determination in the Federal Register.

If excluded, can I go back and get a retroactive refund on Sec. 301 duties already paid?

Yes.

Is an Exclusion Request based on the product itself or a tariff number?

Both. An importer may have several types of articles it imports which use the same HTSUS number. As a result, an Exclusion Request is required to be submitted on a per product basis. Therefore, an importer is encouraged to submit a request for each and all of its different products in order to have the best chance at having its request granted. This is because in the event the Exclusion Request is granted for one product, all products classified under that HTSUS number will also be excluded.

What is considered a "single product?"

A single product is an article that may come in different flavors, colors, sizes, and therefore have multiple SKUs for the same single single product type.

Why would I want a letter prepared for submission by a third-party?

The exclusion process is a public one whereby third-parties might lend support, or opposition, to your application. Having a well organized third-party submission in support of your application shows the broader impact that the grant by the USTR would have, potentially strengthening your position. 

What happens if I don’t file an Exclusion Request?

Then you will continue to pay the additional duties. At least by submitting one, you give yourself the opportunity to overcome paying the additional duties for a period of time, and can recover duties already paid on entries dating back to September 1, 2019 and in to the future as described above.