On May 1, 2020, the United States Trade Representative announced that they are considering a possible extension for up to 12 months for exclusions granted under the initial 11 List 3 product exclusion notices posted through March 26, 2020. The extension would apply to almost all exclusions issued for the $200 Billion List 3 products currently subject to a 25% tariff.

Below are the 11 exclusion notices listed:

· 84 FR 38717 (August 7, 2019)
· 84 FR 49591 (September 20, 2019)
· 84 FR 57803 (October 29, 2019)
· 84 FR 61674 (November 13, 2019)
· 84 FR 65882 (November 29, 2019)
· 84 FR 69012 (December 17, 2019)
· 85 FR 549 (January 6, 2020)
· 85 FR 6674 (February 5, 2020)
· 84 FR 9921 (February 20, 2020)
· 85 FR 15015 (March 16, 2020)
· 85 FR 17158 (March 26, 2020)

If you have a product currently covered by any of these List 3 exclusions and would like for the exclusion to be extended for up to twelve months, then submit an Exclusion Extension Comment Form during the designated comment period listed below.

Comment Period

Begins May 1, 2020
Ends June 8, 2020

Public Docket

The public docket is now open for parties to submit comments on the possible extension of particular exclusions.
Comments must be submitted through the online portal: https://comments.ustr.gov.
All comments must be submitted by June 8, 2020, in order to be considered.

Comment Form

Comment forms should include the following information:

Contact information, including full legal name of the organization
The number for the exclusion on which you are commenting as provided in the annex of the Federal Register notice granting the exclusion and the description
Whether the product or products covered by the exclusion are subject to an anti-dumping or countervailing duty order issued by the U.S. Department of Commerce (DOC)
Whether you support or oppose extending the exclusion and an explanation of your rationale
Whether the products covered by the exclusion or comparable products are available from sources in the U.S. or in third countries
The efforts you have undertaken since September 2018 to source the product from the United States or third countries
The value and quantity of the Chinese-origin product covered by the specific exclusion request purchased in 2018 and 2019, and whether or not that company is related
Whether the Chinese suppliers have lowered their prices for products covered by that exclusion following the imposition of duties
The value and quantity of the product covered by the exclusion purchased from domestic and third country sources in 2018 and 2019
If applicable, the commenter’s gross revenue for 2018 and 2019
Whether the Chinese-origin product of concern is sold as a final product or as an input
Whether the imposition of duties on the products covered by the exclusion will result in severe economic harm to the commenter or other U.S. interests
Any additional information in support of the commenter’s position

These Section 301 tariffs have had a significant impact on many industries and businesses. We are encouraging anyone wanting to submit exclusions to utilize all legal resources available for making the exclusion extension comments.

For more information, please contact your local Noatum Logistics USA (Formerly MIQ Logistics) representative.