This is a reminder that on October 31, 2019, the US Trade Representative published in the Federal Register a notice [Docket Number USTR–2019–0019] requesting comments on whether to extend particular exclusions from the Sec. 301 tariffs on Chinese products granted in December 2018 that are set to expire on December 28, 2019. Comments [including requests by importers and/or purchasers] should be submitted by November 30, 2019 through the Federal eRulemaking Portal: https://www.regulations.gov using Docket No. USTR-2019-0019.  

USTR will evaluate the possible extension of each exclusion on a case-by-case basis. The focus of the evaluation will be whether, despite the first imposition of these additional duties in July 2018, the particular product remains available only from China. In addressing this factor, commenters should address specifically:

  • 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 July 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 July 2018 to source the product from the United States or third countries.

In addition, USTR will continue to consider whether the imposition of additional duties on the products covered by the exclusion will result in severe economic harm to the commenter or other US interests.

USTR strongly encourages commenters to complete Form A, which USTR has made available electronically at: https://ustr.gov/issue-areas/enforcement/section-301-investigations/section-301-china/34-billion-trade-action, and submit the completed Form A through https://www.regulations.gov . USTR will post completed Form A’s on the public docket. In addition to submitting Form A through regulations.gov, commenters who are importers and/or purchasers of the products covered by the exclusion should complete Form B, which USTR also posted on its website. Form B requests Business Confidential Information, and will not be posted on the public docket. Submit Form B, along with a copy of the completed Form A, via email to [email protected]. Facsimiles of Form A and Form B were also in the Annex to the October 31, 2019 notice.