A product exclusion in US Trade Policy in relation to the China 301 Investigation

To be granted an exclusion, requests had to address the following factors:

Whether the particular product is available only from China and specifically whether the particular product and/or a comparable product is available from sources in the United States and/or third countries.

1) Whether the imposition of additional duties on the particular product would cause severe economic harm to the requester or other U.S. interests.

2) Whether the particular product is strategically important or related to “Made in China 2025” or other Chinese industrial programs.

3) USTR will take into account whether an exclusion would undermine the objectives of the Section 301 investigation.

FAQ

Who may request a product exclusion?

Usually, any interested parties, including trade associations and other persons, may submit requests
identifying particular products classified within an HTSUS subheading for exclusion from the
additional duties

How can an interested person file an exclusion request?

All exclusion requests must be submitted through the USTR Exclusions Portal:

https://Exclusions.USTR.gov. Requesters must first register on the USTR Exclusions Portal. After registration, the requester can fill out and submit one or more exclusion request forms. For detailed instructions on how to submit an exclusion request, please refer to the Federal Register

Do individuals have to submit an exclusion request through the USTR Exclusions?

Yes. All interested parties must submit exclusion requests through the USTR Exclusions Portal. Requests received by other means will not be considered.

What information is required in a request for product exclusion?

Information requesters are required to provide includes:

1.Contact information, including; the full legal name of the organization making the
request, whether the requester is a third party (law firm, trade association, or customs
broker) submitting on behalf of an organization or industry, and the primary point of
contact (requester and/or third party submitter).
2.The 10-digit subheading of the HTSUS applicable to the particular product requested for
exclusion.
3.Product name and a detailed description of the product.

4. The requestor's relationship to the product, and their rationale for the requested exclusion.
5. Specific data on the annual quantity and value of the Chinese-origin product, domestic
product, and third-country product the requester purchased
6. Information regarding their company’s gross revenues for the required time period.

7.For imports sold as final products, requesters must provide the percentage of their total
gross sales in the requested year that sales of the Chinese-origin product accounted for.
8. For imports used in the production of final products, requesters must provide the
percentage of the total cost of producing the final product(s) the Chinese-origin input
accounts for and the percentage of their total gross sales in that requested year that sales of the final
product(s) accounted for.

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