On June 26, 2020, the Office of the US Trade Representative (USTR) published in the Federal Register a notice and request for comments [Docket Number USTR-2020-0027] concerning the extension of particular exclusions granted under the product exclusion procedures initiated in October 2019. As of June 12, 2020, USTR had issued five product exclusion notices under that action. The product exclusions granted under these notices are scheduled to expire on September 1, 2020. USTR has decided to consider a possible extension for up to 12 months of particular exclusions granted under these initial five product exclusion notices and invites public comment on whether to extend particular exclusions:
- 85 FR 13970 (March 10, 2020)
- 85 FR 15244 (March 17, 2020)
- 85 FR 17936 (March 31, 2020)
- 85 FR 28693 (May 13, 2020)
- 85 FR 35975 (June 12, 2020)
At this time, USTR is not considering product exclusion notices issued after June 12, 2020
To be assured of consideration, written comments must be submitted on the public on-line docket beginning July 1, 2020 and before 11:59 pm on July 30, 2020. See FR notices for procedures and detailed information required. A detailed “Exclusion Extension Comment Form” is annexed to the notice.
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 September 2019, 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 September 2019 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 2019 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 U.S. interests.
