The U.S. Trade Representative (USTR) published a federal register notice today outlining the process for submitting Section 301 exclusion requests for List 3.  The USTR noted that if an exclusion is granted, it will effective from the day the 10% tariff came to effect (i.e. from September 24, 2018).  The USTR also introduced a new “web portal” for exclusion request. The key dates moving forward are:

  • June 30, 2019 at noon EDT: The web portal for submitting exclusion requests – http://exclusions.USTR.gov – will open.
  • September 30, 2019: Deadline for submitting exclusion requests.

The federal register notice introduced new questions and data points that were not included in the exclusion request forms for lists 1 and 2 and concern:

  1. The value in USD of the product being requested, and
  2. The quantity (with units) of the product that a requestor purchased from any third-country source in 2017, 2018, and the first quarter of 2019, and
  3. The value in USD and quantity (with units) of the product of concern purchased from domestic sources in 2017, 2018, and the first quarter of 2019.

The USTR exclusion request form also asks whether the requestor is a small business under the requirements of the Small Business Administration. And whether the company has attempted to “source product from the United States or third countries” in addition to the factors considered by the USTR in the exclusion request processes for the previous lists. After a request for exclusion of a particular product is posted on USTR’s online portal, interested persons have 14 days to respond to the request, indicating support or opposition and providing reasons for their view.

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Photo of John Brew John Brew

John Brew is the co-chair of Crowell & Moring’s International Trade Group and a partner in the firm’s Washington, D.C. office. He has extensive experience in import and export trade regulation, and he regularly advises corporations, trade associations, foreign governments, and non-governmental organizations…

John Brew is the co-chair of Crowell & Moring’s International Trade Group and a partner in the firm’s Washington, D.C. office. He has extensive experience in import and export trade regulation, and he regularly advises corporations, trade associations, foreign governments, and non-governmental organizations on matters involving customs administration, enforcement, compliance, litigation, legislation and policy.

John represents clients in proceedings at the administrative and judicial levels, as well as before Congress and the international bureaucracies that handle customs and trade matters. He advises clients on all substantive import regulatory issues handled by U.S. Customs and Border Protection and Immigration and Customs Enforcement, such as classification, valuation, origin, marking, tariff preference programs, other agency regulations, admissibility, import restrictions, quotas, drawback, audits, prior disclosures, penalties, investigations, Importer Self Assessment and Customs-Trade Partnership Against Terrorism programs, importations under bond, the Jones Act, vessel repairs, and foreign trade zone matters.

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Photo of Frances P. Hadfield Frances P. Hadfield

Frances P. Hadfield is a counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving…

Frances P. Hadfield is a counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving customs compliance, audits, customs enforcement, as well as import penalties.

Frances represents clients before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit, as well as in proceedings at the administrative level. She advises corporations on both substantive federal and state regulatory issues that involve U.S. Customs and Border Protection, the Federal Trade Commission, Food and Drug Administration, and U.S. Fish & Wildlife in matters pertaining to product admissibility, audits, classification, import restrictions, investigations, marking, licenses, origin, penalties, and tariff preference programs.

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