UPDATE: USTR's Comment Period on Possible Reinstatement of Previously Extended Section 301 Product Exclusions Opens Soon

2 min

Further to Venable's recent alert regarding upcoming Section 301 exclusions: On October 5, 2021, the United States Trade Representative (USTR) invited comments on whether 549 previously extended exclusions (that had expired on December 31, 2020 and in early 2021) should be reinstated.

Scope of USTR's Review. The 549 previously extended exclusions cover all four Section 301 tranches (identified here). In addition to comments on whether those exclusions should be reinstated, USTR is seeking input on the appropriate length of the reinstated exclusions. USTR plans to evaluate the possible reinstatement of each exclusion on a case-by-case basis. Comments are sought on the following:

  1. Whether the particular product remains available only from China since the imposition of Section 301 duties in September 2018, including
    • Whether the particular product and/or a comparable product is available from sources in the United States or in third countries;
    • Changes in the global supply chain since September 2018 with respect to the particular product;
    • Efforts the importers or U.S. purchasers have undertaken since September 2018 to source the product from the United States or third countries; and
    • Domestic capacity for producing the product in the United States.
  2. Whether reinstating the exclusion will result in severe economic harm to the commenter or other U.S. interests, including the impact on small businesses, employment, manufacturing output, and critical supply chains in the United States.

Any exclusions reinstated pursuant to this review will be retroactive to October 12, 2021.

Comment Period. Interested parties may submit comments from October 12, 2021 through December 1, 2021.

Procedurally, these comments are the equivalent of requesting or opposing the extension of a previously granted exclusion. If you have any questions or would like to submit comments, please reach out to Venable's International Trade Group for guidance.