In a notice scheduled to be published in the Federal Register on February 7, 2023, the office of the U.S. Trade Representative (USTR) announced that it is again extending the China 301 tariff exclusions on 81 “COVID items” which would have otherwise expired on February 28, 2023. The extensions will run through May 15, 2023. The specific items in question can be accessed here.

By way of background, the USTR had previously announced the extension or modification of a total of 99 exclusions for specified medical-care and/or COVID response products.  The exclusions on 18 such items were allowed to expire while those on 81 other items were the subject of several extensions. As part of the continuing efforts to combat COVID, the USTR has determined that a further 75-day extension of the latter 81 COVID-related product exclusions is warranted.

Concurrently, in light of the fluctuating nature of the COVID situation and the increased domestic production of certain products covered by these 81 exclusions, the USTR is seeking comments on whether to extend particular exclusions for COVID products for up to six months.  Comments will be accepted via a dedicated portal from February 6, 2023, to March 7, 2023.

Should you have questions in connection with the above or if we can assist in the filing of comments, please do not hesitate to contact Arthur Bodek or any of our other attorneys.