02 Jul 19

Newsflash: Exclusion Request Process


Filing Guidelines for Product-Specific Exclusion Requests on List 3 Goods:

Requests for exclusions from the additional tariff imposed as of September 24, 2018 (List 3) from China may be submitted between June 30 and September 30, 2019. The exclusion request submission deadlines for lists 1 and 2 have closed.

The Office of the U.S. Trade Representative (“USTR”) will begin accepting exclusion requests for the third tranche (List 3) of Section 301 tariffs through a new portal at this link on June 30. The exclusion requests will be due by September 30, with responses due 14 days after the request is posted on the portal, according to USTR. Exclusions will be effective retroactively to September 24, 2018.

Product-specific exclusion requests should contain the following (partial list):

  1. * Contact information, Importer of record, submitter, business type, etc.
  2. * The 10-digit HTSUS item number
  3. * A comprehensive physical description of the product, including (but not limited to) its form, dimensions, weight,
    constituent material(s), and any unique physical features that can assist in distinguishing the product.
  4. * If the product consists of two or more interconnected/intermixed components or materials, a description of how
    the components/materials are integrated, and in the case of metals of Chapters 72, 73, or 76 of the HTSUS,
    approximate content of all constituents.
  5. * If the product consists of two or more wholly separate items (i.e., a set), precise descriptions of each item (i.e.,
    form, quantity, size, weight, and value).
  6. * If the product is a subsidiary component of a separate article, a description of how the component is connected to
    the separate article.
  7. * If the product is a chemical falling under Chapter 29 of the HTSUS, a description and approximate content of all
    constituents and a reference number promulgated by the Chemical Abstracts Services (CAS).
  8. * If the product, or a comparable product is available from sources in the United States or third countries.
  9. * If there has been any attempts to source the product from United States or third countries.
  10. * You will need to provide values and quantities of the (Chinese-origin) product in concern purchased by your firm
    in 2017, 2018 and the first quarter of 2019.
  11. * Provide the same for product of concern purchased from any third-country in 2017, 2018 and first quarter of
    2019.Whether the imposition of additional duties (since September 2018) on the product you are seeking to exclude
    has resulted in severe economic harm to your company or other U.S. Interests.


For full text from USTR please refer to the following list.

Additional TIPS for Drafting Requests:

  1. * A correct reference to the product’s 10-digit HTSUS subheading must be included. Prior CBP rulings on similar products, searchable within the Customs Rulings Online Search System at https://rulings.cbp.gov, may be instructive for this purpose.
  2. * If CBP has issued a ruling concerning the exact product for which the exclusion is requested, or on a substantially similar product, the ruling’s reference number should be provided. This will assist in confirming the accuracy of the 10-digit HTSUS subheading cited.

For further information concerning section 301 duties and/or exclusions, please contact your local Masterpiece office.


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