USTR Establishes Product Exclusions Process for Third Tranche Sec. 301 Tariffs

Date: June 25, 2019

The Office of the U.S. Trade Representative recently posted its “preview” of a Federal Register notice establishing a process to submit product exclusion requests for the Sec. 301 third tranche/List 3. That List 3, valued at $200 billion in goods, includes thousands of vehicle-related components and materials used in the manufacture of new and replacement parts for vehicles.


USTR’s notice sets the specific procedures for submitting requests. The online portal to receive requests opens June 30, 2019 and closes Sept. 30, 2019.


There is an online form to complete and features a much longer questionnaire than the form for the previous two tranches. Several questions note which information entered by an applicant will be public and which will need to be submitted as business confidential information (BCI). For some questions, however, the submitter can determine which information would be Public versus BCI.


There is an opportunity for other entities to respond to submitted exclusion requests under specific timelines, which are specified in the notice. All requests, responses to requests, and replies to responses must go through the online portal.


As MEMA has done with previous exclusions processes, we will host a webinar featuring MEMA’s trade counsel from Arent Fox LLP on July 10. Members will receive registration information in email and other communications. The purpose of the webinar is to address the product exclusions application process for List 3. For questions about the webinar, please contact Melanie Weiland.


For more information about Sec. 301 tariffs on imports from China, please contact Catherine Boland or Leigh Merino.

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