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Mid-December Deadline to Request Exclusions from 25 Percent Tariff on Second Tranche of Mainland Chinese Products

Requests for exclusions from the additional 25 percent tariff imposed as of 23 August on mainland Chinese goods classified under 284 tariff lines are due by 18 December. This tariff was levied in response to a Section 301 investigation determination that mainland China’s acts, policies and practices related to technology transfer, intellectual property and innovation are unreasonable and discriminatory. Any exclusions granted will be retroactive to 23 August and remain in effect for one year.

Any interested person, including trade associations, may request exclusions from the Section 301 tariff on the so-called List 2 items. Each request must include the following information.

  • identification of the product in terms of the physical characteristics that distinguish it from other products within the covered eight-digit HTSUS subheading (requests that identify the product in terms of the identity of the producer, importer or ultimate consumer; actual or chief use; or trademarks or trade names will not be considered)
  • applicable ten-digit HTSUS number
  • annual quantity and value of mainland Chinese-origin product the requester purchased in each of the last three years
  • for imports sold as final products, the percentage of the requester’s total gross sales in 2017 that sales of the mainland Chinese-origin product accounted for
  • for imports used in the production of final products, the percentage of the total cost of producing the final product(s) the mainland Chinese-origin input accounts for and the percentage of the requester’s total gross sales in 2017 that sales of the final product(s) accounted for

In addition, each request should address the following factors.

  • whether the product is available only from mainland China and whether a comparable product is available from sources in the United States and/or third countries
  • whether the additional tariff on the product would cause severe economic harm to the requester or other U.S. interests
  • whether the product is strategically important or related to “Made in China 2025” or other mainland Chinese industrial programmes

Requesters may also submit information on the ability of U.S. Customs and Border Protection to administer the exclusion.

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