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USTR procedures for exclusions of Chinese imports from “Section 301” customs duty

Exclusions of Chinese imports from customs duty

The Office of the United States Trade Representative (USTR) today released for publication in the Federal Register a notice and request for comments concerning USTR procedures for considering requests for exclusions of certain products or goods from the additional customs duty being imposed on imports from China under the “Section 301” procedures.

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The USTR notice [PDF 198 KB] explains that in August 2018, the USTR made a determination to take an additional action in the “Section 301” investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. The August 2018 notice also announced that the USTR would establish a process by which U.S. stakeholders could request that particular products classified within a tariff subheading covered by the additional customs duty be excluded from the additional duties. Read TradeNewsFlash

Today’s USTR notice sets out the specific procedures and criteria related to requests for product exclusions, and opens up a docket for the receipt of exclusion requests. The notice states that:

  • The USTR must receive all requests to exclude a particular product by 18 December 2018.
  • Responses to a request for exclusion of a particular product are due 14 days after the request is posted in a USTR docket number. 
  • Any replies to responses to an exclusion request are due the later of seven days after the close of the 14 day response period, or seven days after the posting of a response.

For more information on this topic or to learn more about KPMG’s Trade & Customs Services, contact:

Doug Zuvich
Partner, Global Practice Leader
T: 312-665-1022
E: dzuvich@kpmg.com

Andy Siciliano
Partner, National Practice Leader
T: 631-425-6057
E: asiciliano@kpmg.com

Irina Vaysfeld
Principal
T: 212-872-2973
E: ivaysfeld@kpmg.com

Robert Waldrop
Principal
T: 212-954-8117 
E: rwaldrop@kpmg.com

Christopher Young
Principal
T: 312-665-3229
E: christopheryoung@kpmg.com

George Zaharatos
Principal
T: 404-222-3292
E: gzaharatos@kpmg.com

John L. McLoughlin
Principal, East Coast Leader
T: 267-256-2614
E: jlmcloughlin@kpmg.com

Luis (Lou) Abad
Principal, WNT
T: 212-954-3094
E: labad@kpmg.com

Amie Ahanchian
Managing Director
T: 202-533-3247
E: aahanchian@kpmg.com

Gisele Belotto
Managing Director
T: 305-913-2779
E: gbelotto@kpmg.com

Andy Doornaert
Managing Director
T: 313-230-3080
E: adoornaert@kpmg.com

Jessica Libby
Managing Director
T: 612-305-5533
E: jlibby@kpmg.com

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