On July 31, 2020, the Office of the U.S. Trade Representative (“USTR”) has issued a notice requesting comments on whether certain China 301 List 1 tariff exclusions, scheduled to expire on October 2, 2020, should be extended.

The USTR is seeking comments as to whether extensions of up to twelve months should be granted for items covered by the following notices of List 1 exclusions:

Exclusions Granted October 2, 2019

Exclusion Granted December 17, 2019 and Amendments to Exclusions Granted July 9, 2019 and September 20, 2019

Exclusions Granted February 11, 2020

The USTR will evaluate the potential extensions on a case-by-case basis. The focus will be on whether the particular product remains available only from China.  Factors to be considered include:

• Whether the particular product and/or a comparable product is available from sources in the United States and/or in third countries.
• Any changes in the global supply chain with respect to the particular product or any other relevant industry developments.
• The efforts, if any, the importers or U.S. purchasers have undertaken to source the product from the United States or third countries.
• Whether the imposition of additional duties on the products covered by the exclusion will result in severe economic harm to the commenter or other U.S. interests.

Any comments must be submitted in a specified format on the UTRS’s 301 web portal and address particular data points solicited by the portal.  A separate comment must be submitted for each exclusion.  A docket for the above action will remain open from August 1 – 30, 2020.

Should you have any questions or would like assistance in preparing comments in support of extensions for the above China 301 exclusions, please do not hesitate to contact our office.