7 May 2019
No New Denials as Mainland China Tariff Exclusion Reviews Continue
The Trump administration recently approved more requests for exclusions from the additional tariffs it has imposed on imports from mainland China under Section 301 of the Trade Act of 1974 but has not issued any additional denials over the last month, according to information made available by USTR. Most such requests are still under consideration but USTR is making progress in conducting its reviews.
Specifically, as of 26 April USTR had denied 5,311 of requests for exclusions from the tariffs on List 1 goods (unchanged from a month earlier) and granted 1,441 (up from 1,091). The remainder of the List 1 requests are listed as being at one of four stages. Of these, 1,081 are undergoing an initial review of whether the request should be granted based on specified criteria (down from 1,133), and 3,001 are being reviewed with U.S. Customs and Border Protection to determine whether the exclusion would be administrable (down from 3,299). None are currently in the first stage, in which comments are accepted, or the final stage, in which the exclusion has been granted and is being prepared for publication in the Federal Register.
USTR has also received 2,931 exclusion requests for List 2 goods. Of these, comments are being accepted on one; 1,347 are undergoing substantive review (down from 1,790) and 1,577 (up from 1,141) are being reviewed for administrability. None are currently listed as having been approved or denied or as being in the final stage.
Approved exclusions are available for any product that meets the specific product description, regardless of whether the importer filed an exclusion request. In addition, the scope of each exclusion is governed by the scope of the 10-digit subheading or the specific product description to which it applies, not by the product descriptions set out in any particular request.