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The USTR has announced that it is inviting public comments on whether to reinstate any of the 549 China Section 301 product exclusions that had previously been extended but are now expired. This represents only a small portion of the original 2,200 total product exclusions previously approved by the USTR which were allowed to expire without extension.

USTR has stated that they will evaluate the possible reinstatement on a case-by-case basis. The USTR is encouraging all those supporting or opposing the reinstatement of a particular exclusion to submit comments and will be focused on the following:

  • Despite the imposition of the additional duties, the product remains available only from China.
  • Whether the product and/or comparable product is available from sources in the United States and/or in third countries.
  • Any changes in the global supply chain since September 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 September 2018 to source the product from the United States or third countries.
  • Domestic capacity for producing the product in the United States.
  • Whether or not reinstating the exclusion will impact or result in severe economic harm to the commenter or other U.S. interests, including the impact on small businesses, employment, manufacturing output, and critical supply chains in the United States as well as the overall impact of the exclusions on the goal of obtaining the elimination of China’s acts, policies, and practices covered in the Section 301 investigation.

When the docket opens, the USTR will be including a form within the public document with specific questions which will need to be addressed. Those specifics can be found starting on page 5 of the referenced announcement.

USTR Comment Period/Portal:
Begins: October 12, 2021
Ends: December 1, 2021

Those wanting to comment will need to register and then complete the available form.  As a reminder, you will only be able to comment regarding these 549 China Section 301 products.

If you have any questions, please contact your local Noatum Logistics representative.