On July 6, the U.S. Trade Representative (USTR) announced details of the process by which importers can request product exclusions from the 25% duties assessed against China. The USTR's press release stipulates that exclusion requests must be made on a product basis and be submitted prior to October 9, 2018. If granted, the exclusion requests will be retroactive to July 6th and remain in effect for one year. At this time, there is no indication of how long the USTR will take to process the requests.
According to the Federal Register notice, all submissions must include the following information:
- Whether the product is only available from China;
- Whether the imposition of additional duties would cause severe economic harm to the requester or other U.S. interests;
- Whether the product is strategically important or related to the "Made in China 2025" or other Chinese industrial programs.
The notice also encourages requesters to provide information on how U.S. Customs and Border Protection can administer the exclusion. We encourage interested parties to file exclusion requests sooner, rather than later, given the number of submissions anticipated.
Please contact one of the Rock Trade Law professionals listed here if you are interested in filing for an exclusion.