On December 26, 2023, the Office of the United States Trade Representative (“USTR”) extended 429 total Section 301 tariff exclusions on Chinese goods.
The 352 previously reinstated and 77 COVID-related Section 301 tariff exclusions, which were scheduled to expire on December 31, 2023, are now extended until May 31, 2024. This latest extension provides USTR additional time to orderly phase out certain exclusions and align others with the objectives determined during the agency’s ongoing four-year review of Section 301 China tariffs.
In its press release, USTR also announced that it will open a docket from January 22, 2024, until February 21, 2024, for public comments on whether to further extend particular exclusions. Specifically, USTR requested comments on whether to reinstate certain exclusions previously granted and extended, as well as on proposed modifications to extensions granted for certain medical-care products related to COVID-19. When evaluating comments, USTR will focus primarily on:
The availability of products covered by the exclusion from sources outside of China;
Efforts undertaken to source products covered by the exclusion from the United States or third countries;
Why additional time is needed;
On what timeline, if any, the sourcing of products covered by exclusion is likely to shift outside of China; and
Whether or not extending the exclusion will impact U.S. interests.
For assistance in determining whether your products fall under a Section 301 China tariff exclusion, submitting an exclusion comment, or understanding the next steps in the implementation of Section 301 China tariffs, please contact one of the trade professionals listed here.