The Office of the United States Trade Representative (USTR) has asked the Office of Management & Budget (OMB) for emergency clearance of the form it intends to use for product exclusion requests for tranche 3 $200 billion list of items subject to Section 301 duties. According the USTR, requesters must use the form attached to the notice.
The window for submitting requests will open on or around June 30, 2019. Requests for exclusion are required to identify the particular product sought to be excluded from the 301 duties and provide supporting data and the rationale for the requested exclusion. Within 14 days after USTR posts a request for exclusion, interested persons can provide a response with the reasons they support or oppose the request. Interested persons can reply to the response within 7 days after it is posted.
Questions on the form generally concern: (1) whether the product advances or is important to China’s “Made in China 2025” program; (2) whether the product can be sourced elsewhere (in the U.S. or third countries); (3) harm the tariffs inflict on the requester; and (4) whether the product is easily identified for Customs & Border Protection (CBP) administration of the exclusion.
With the form now available, companies can begin to prepare their requests for exclusions for submission to USTR once the window is open on or around June 30, 2019.