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.


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
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.

About Professional Legislative Monitoring, referred to as PLM


Part of our suite of solutions to empower customs managers, Professional Legislative Monitoring (PLM), allows global trade professionals to save time and free up skilled personal to carry out more strategic tasks. Subscribers to PLM receive a professionally curated compilation of legislative changes that occurred in the prior week, created by experienced trade specialists and quality assessed before release. Readers can rest assured that they have not missed any updates. Subscribers can save time by forgiving to scan through floods of marketing emails and blog entries and instead focus on operational performance and long-term profitability. www.customsmanager.info

About Customs Manager

Our mission is to create the world's largest community of empowered Customs managers and Global Trade Professionals. We achieve this through professional legislative monitoring, ongoing training & education, and providing first-class support. In this way, we strengthen the overall customs & global trade (C&GT) profession by creating up-to-date, well-trained, and supported customs managers ready to grow global trade effectively, efficiently and compliantly.

Always up to date. Always learning. Always supported.

Find out more at www.customsmanager.org