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Update on Section 301 China Tarrifs

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The Office of the U.S. Trade Representative (USTR) has formally opened a process to apply for exclusions from the most recent round of tariffs imposed on imports of Chinese goods. The exclusion process applies to the "List 3" Section 301 tariffs that targeted $200 billion in Chinese imports which originally went into effect in September 2018 at a rate of ten percent. On March 10, 2019, the List 3 tariffs increased to 25 percent. That increase triggered an exclusion process, which formally opened June 30, 2019. The exclusion process will be similar to the exclusion request procedures implemented for tariffs on the previously issued "List 1" and "List 2" imports.

The Office of the U.S. Trade Representative (USTR) will evaluate each exclusion request based on several considerations, including whether the product is only available from China; whether a comparable product is available in the United States or from a third country; whether the party requesting the exclusion has tried to source the product from the United States or a third country; whether the imposition of the Section 301 tariff will cause "severe economic harm" to the party requesting the exclusion; and whether the product is strategically important to China.

Requests for a Section 301 tariff exclusion for a particular imported good from China may be submitted any time through September 30, 2019.

If you have any questions regarding the Section 301 product exclusion process or general duty-mitigation strategies for the Section 301 tariffs, please contact Alan Enslen or Julius Bodie.

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