Friday, October 8, 2021
USTR EXCLUSION EXTENSION FOR SECTION 301 COMMENT PERIOD OPENS OCTOBER 12
The United States Trade Representative (USTR) announced they will seek public comments to help determine whether certain previously extended Section 301 exclusions should be extended.
Of the more than 2,200 exclusions that were granted, 549 were extended. Most of these exclusions expired by December 31, 2020. As these exclusions were previously found to warrant additional time, USTR will evaluate, on a case-by-case basis, the possible reinstatement of each exclusion. Click here to view the list of previously extended exclusions.
The public comment period will last for 50 days, from October 12 through December 1. USTR will then review the public comments, and consult with other agencies, including the Small Business Administration.
The focus of the evaluation will be whether the product remains available only from China and whether reinstatement will impact or result in severe economic hardship to the U.S. interests. This consideration will include the impact on small businesses, employment, manufacturing output and critical supply chains in the United States, as well as the overall impact of the exclusions on the goal of obtaining the elimination of China’s acts, policies and practices covered in the Section 301 investigation.
Exclusions reinstated pursuant to this review would be retroactive with respect to merchandise entered, or withdrawn from warehouse, for consumption on or after the opening of the docket on October 12, 2021, for which the entries are not liquidated at the time the claim to apply the reinstated exclusion is made to U.S. Customs and Border Protection in accordance with their procedures.
To read the text of the Federal Register notice with instructions for commenting, click here.
If you have any questions about this or any other trade matter, please be sure to contact us.
Of the more than 2,200 exclusions that were granted, 549 were extended. Most of these exclusions expired by December 31, 2020. As these exclusions were previously found to warrant additional time, USTR will evaluate, on a case-by-case basis, the possible reinstatement of each exclusion. Click here to view the list of previously extended exclusions.
The public comment period will last for 50 days, from October 12 through December 1. USTR will then review the public comments, and consult with other agencies, including the Small Business Administration.
The focus of the evaluation will be whether the product remains available only from China and whether reinstatement will impact or result in severe economic hardship to the U.S. interests. This consideration will include the impact on small businesses, employment, manufacturing output and critical supply chains in the United States, as well as the overall impact of the exclusions on the goal of obtaining the elimination of China’s acts, policies and practices covered in the Section 301 investigation.
Exclusions reinstated pursuant to this review would be retroactive with respect to merchandise entered, or withdrawn from warehouse, for consumption on or after the opening of the docket on October 12, 2021, for which the entries are not liquidated at the time the claim to apply the reinstated exclusion is made to U.S. Customs and Border Protection in accordance with their procedures.
To read the text of the Federal Register notice with instructions for commenting, click here.
If you have any questions about this or any other trade matter, please be sure to contact us.
