21 May 2019
USTR Issues Details on Product Exclusion Process for List 3 Goods
The Office of the U.S. Trade Representative has issued a notice requesting approval from the Office of Management and Budget of the forms that will have to be used to submit and respond to product exclusion requests for List 3 goods from mainland China, which have been subject to an additional 25 percent tariff since 10 May. Such requests will require much more information than has been required for List 1 and List 2 goods and may therefore take longer for eventual requestors to prepare. USTR anticipates receiving 60,000 List 3 product exclusion requests and indicates that the process is expected to begin around 30 June.
Among other things, USTR states that each request will only be able to cover a single product and must include more detailed information than has previously been required about the requestor (e.g., gross revenue), the nature of the product, the value of imports from mainland China and other countries, sourcing availability, cost of production of goods using mainland Chinese-origin inputs, and whether previous exclusion requests were submitted. Required information includes the following.
- Requestor’s contact information.
- HTSUS item number at the 10-digit level.
- Complete and detailed description of the particular product of concern, including its physical characteristics (e.g., dimensions, weight, material composition, etc.), whether the product is designed to function in or with a particular machine (application), and any unique physical features that distinguish it from other products within the covered 8-digit HTSUS subheading. If needed, images and specification sheets, U.S. Customs and Border Protection rulings, court decisions and previous import documentation should be attached. Information on the product name, function, application and principal use should also be provided.
- Requestor’s relationship to the product (e.g., importer, U.S. producer, purchaser, industry association, other).
- Availability of the product or comparable products from U.S. sources and third-country sources.
- Discussion of attempts to source the product from the United States or third countries.
- Value and quantity of mainland Chinese-origin products of concern that the requestor purchased in 2017, 2018 and the first quarter of 2019, as well as products of concern purchased from any third country source as well as domestic sources.
- Information on the requestor’s gross revenue for 2018 and the first quarters of 2018 and 2019.
- Information on whether the mainland Chinese-origin product of concern is sold as a final product or as an input used in the production of a final product or products.
- Information on whether the imposition of the additional duties has resulted in severe economic harm to the company or other U.S. interests.
- Information on whether the requestor submitted exclusion requests for List 1 or List 2 products.
- Information on whether the particular product of concern is strategically important or related to “Made in China 2025” or other mainland Chinese industrial programmes.
- Any additional information in support of the product exclusion request, including attachments such as customs rulings, court decisions or previous import documentation.
Responses opposing or supporting a request will be due within 14 days of the date the request is posted, after which interested parties will have seven days to submit a rebuttal.