USTR Considers Possible Reinstatement Of Certain Section 301 China Product Exclusions

The United States Trade Representative (USTR) announced late this afternoon a request for public comments on possible reinstatement of certain Section 301 China product exclusions. The 549 previously granted and extended exclusions can be found here.

The comment period will open October 12, 2021 at 12:01 am EST and last until December 1, 2021 at 11:59 PM EST. Comments must be filed through USTR's web portal here.

USTR states it will evaluate possible reinstatement of each exclusion on a case-by-case basis. Specifically, it will be considering the following:

• 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 since September 2018 with respect to the particular product or any other relevant industry developments.
• The efforts, if any, the importers or U.S. purchasers have undertaken since September 2018 to source the product from the United States or third countries.
• Domestic capacity for producing the product in the United States.
• Whether or not reinstating the exclusion will impact or 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, as well as the overall impact of the exclusions on the goal of obtaining the elimination of China’s acts, policies, and practices covered in the Section 301 investigation.

If your company can benefit from reinstatement of any of these 549 product exclusions, please do not hesitate to contact Samantha Rocci at srocci@rvia.org for an assistance.