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On October 31, 2019 the web portal (https://exclusions.ustr.gov) for submitting exclusion requests for products on the Section 301 List 4 opened.

Regarding the rationale for the requested exclusion, each requester will be asked to address the following:

  • Whether the product is available only from China and whether the product and/or a comparable product is available from sources in the United States and/or in third countries. The requester must provide an explanation if the product is not available outside of China or the requester is not sure of the product availability.
  • Whether the requester has attempted to source the product from the United States or third countries.
  • Whether the imposition of additional duties on the product will cause severe economic harm to the requester or other U.S. interests.
  • Whether the product is strategically important or related to ‘‘Made in China 2025’’ or other Chinese industrial programs.

Each request must identify a product and provide supporting data and the rationale for the requested exclusion. USTR will evaluate each request on a case-by-case basis, considering the rationale for the exclusion, whether the exclusion would undermine the objective of the Section 301 investigation, and whether the request defines the product with enough precision.

After a request for exclusion is posted on USTR’s online portal, interested persons will have 14 days to respond to the request, indicating support or opposition and providing reasons for their view. A response to a product exclusion request must be submitted using USTR’s online portal (https://exclusions.ustr.gov). To file a response, an interested party does not have to register. Responses will be publicly available.

After a response is posted on USTR’s online portal, the requester will have the opportunity to reply to the response using the same portal. Any reply must be submitted within the later of 7 days after the close of the 14-day response period, or 7 days after the posting of a response. A reply to a response must be submitted using USTR’s online portal. Replies to responses will be publicly available.

January 31, 2020 is the last day to submit an exclusion request.

Federal Register Notice: https://ustr.gov/sites/default/files/enforcement/301Investigations/Procedures_for_Requests_to_Exclude_Particular_Products_from_the_August_2019_Action.pdf