Section 301 Exclusion Process

This is an update from our October 4, 2021 post on this topic.

On October 4, 2021, United States Trade Representative (USTR) Katherine Tai delivered a speech at the Center for Strategic and International Studies (CSIS) detailing the Biden Administration’s new strategy for managing U.S.-China trade relations. Tai announced that the USTR will restart a 

On October 4, 2021, United States Trade Representative (“USTR”) Katherine Tai delivered a speech at the Center for Strategic and International Studies (CSIS) highlighting the Biden Administration’s new strategy for navigating U.S.-China trade relations. Ambassador Tai focused her remarks on President Biden’s vision for a worker-centered trade policy in the U.S.-China trade dynamic, however the

On June 17, 2021, the House Ways and Means Committee advanced the Generalized System of Preferences and Miscellaneous Tariff Bill Modernization Act of 2021. The announced legislation follows Senate passage of similar GSP and MTB provisions, as well as Section 301 provisions in the Trade Act of 2021 as part of the omnibus U.S. Innovation

On June 8, 2021, the Senate voted 68 to 32 to approve The American Innovation and Competition Act. Among other pieces of legislation, the omnibus package includes The Trade Act of 2021 which contains provisions to reestablish a Section 301 tariff exclusion and renewal process. Specifically, Division G (The Trade Act of 2021), Title III,

On June 8, 2021, the Senate voted 68 to 32 to approve The American Innovation and Competition Act. The Act is an omnibus package of bills that took over a year to negotiate.

Major pieces of Legislation include:

  1. The Endless Frontier Act;
  2. the Strategic Competition Act;
  3. the Trade Act of 2021;
  4. the

The Court of International Trade (“CIT”) saw nearly 3,000 complaints filed over a period of four days from Friday, September 18, 2020 to Monday, September 22, 2020 challenging the United States Trade Representative’s (“USTR”) authority to levy Section 301 Tariffs on products found on List 3 (and frequently, also those also found on List 4A)

Last Updated on October 8, 2021

Possible Reinstatement of Certain Exclusions

List 1
List 2
List 3
List 4

Notice and Request for Comments October 8, 2021

October 12, 2021 – Docket Open
December 1, 2021 – Docket Closes

COVID Exclusions

COVID Extensions Granted March 5, 2021 None
COVID Extensions Granted December 29, 2020 None

The Office of the United States Trade Representative (USTR) is considering possible extension requests for Section 301 List 1 exclusions granted in December 2018 and invites public comments on whether to extend exclusions granted in its December 2018 notice. These will be evaluated on a case-by-case basis.

USTR is focusing its analysis on whether

According to a Federal Register Notice published on September 3, 2019, the U.S. Trade Representative (USTR) proposes to increase additional duties from 25 percent to 30 percent on the products from China currently subject to Section 301 tariff actions first taken in June, August, and September 2018, with an aggregate annual trade value of

On August 13, the United States Trade Representative (USTR) released two additional lists of products that will be subject to a 10 percent tariff on approximately $300 billion worth of imported Chinese goods, pursuant to Section 301 of the Trade Act of 1974. The first set of tariffs will go into effect on September 1,