The Office of the United States Trade Representative (“USTR”) opened its exclusion request process on October 15, 2024, allowing for importers to request temporary exclusion from Section 301 tariffs on certain Chinese machinery and equipment. The purpose of this exclusion process is to encourage US manufacturing by permitting machinery to be imported duty-free.  This process includes over 300 tariff subheadings in chapters 84 and 85 of the Harmonized Tariff Schedule of the United States (“HTSUS”). The portal to request temporary exclusion is set to close on March 31, 2025.

After a request is filed to the USTR online portal, interested parties have an opportunity to voice their opposition of support within 30 days of posting. Following any comments from interested parties, the requesting party has an opportunity to respond within 15 days after posting. Determinations of the exclusion requests will be periodically announced by USTR and granted exclusion requests will be announced in the Federal Register. If granted, the exclusion will be in effect from the date of publication to the Federal Register, through May 31, 2025.

To date, 186 exclusion requests have been submitted. However, none have been granted or denied, as all the exclusion requests currently posted are either open to public comment or are under review by USTR.

Crowell & Moring LLP will continue to monitor trends for granted exclusions requests, as well as the status of this exclusion request process upon the upcoming administration change in January 2025.

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Photo of Daniel Cannistra Daniel Cannistra

Dan Cannistra is a partner in the firm’s Washington, D.C. office. His practice focuses on legislative, executive and regulatory representation of domestic and international clients on a broad spectrum of international trade matters. Dan has represented domestic and foreign companies in over 75

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Dan Cannistra is a partner in the firm’s Washington, D.C. office. His practice focuses on legislative, executive and regulatory representation of domestic and international clients on a broad spectrum of international trade matters. Dan has represented domestic and foreign companies in over 75 U.S. antidumping and countervailing duty cases before the U.S. Department of Commerce and the U.S. International Trade Commission under the Tariff Act of 1930. Many of these matters involved appeals to the U.S. Court of International Trade, the U.S. Court of Appeals for the Federal Circuit, binational panels under the North American Free Trade Agreement (NAFTA), and dispute settlement proceedings before the World Trade Organization (WTO). Dan has also represented clients in antidumping proceedings in the European Union, Canada, Mexico, Brazil, India, Thailand, Singapore, Guatemala and Taiwan.

Prior to joining Crowell & Moring, Dan was a director in a national accounting firm providing customs and international trade guidance to multinational clients related to the supply and distribution of goods and services across international borders. Areas of specialization included antidumping and countervailing duties and policy, trade remedies and litigation, free trade agreements and negotiations, classification and valuation, and international trade and development.

Dan’s government appointments include service to U.S. Trade Representative on the roster of international trade practitioners to resolve antidumping disputes involving NAFTA members. For the European Commission, Dan provided advice and training on international trade and antidumping methodology and practice. In addition, Dan has served as an international trade consultant to the governments of Guatemala and Singapore, providing technical advice to these governments on the application of international trade regulations consistent with international law and World Trade Organization agreements and the General Agreement on Tariffs and Trade, Agreement on Antidumping.

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Photo of Emily Devereaux Emily Devereaux
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