In a March 23, 2020 notice, the Office of the United States Trade Representative (“USTR”) has solicited comments identifying additional medical-care items that should be excluded from China Section 301 tariffs in light of the ongoing COVID-19 outbreak.

The comment period will remain open at least until June 25, 2020 (subject to potential extensions as deemed appropriate).  There is also a mechanism for parties to file responses to comments.

Independent of the current action, the USTR has already approved approximately 200 separate exclusions covering personal protective equipment and other medical-care related products.  In the current action, the USTR is seeking input as to whether there are additional items that are needed to respond to the COVID-19 outbreak that should be excluded.

Any comment must identify the particular product of concern and explain precisely how the product relates to the response to the COVID-19 outbreak (e.g., whether a product is directly used to treat COVID-19, to limit the outbreak, and/or is used in the production of needed medical-care products).  Comments may be submitted even if there has been a previous request on the item that is either pending or has been denied. Specific filing requirements are provided.

If we can be of assistance in seeking China Section 301 tariff relief for products imported by your company, please do not hesitate to contact us.