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)
Comprehensive List of Section 301 Product Exclusions
Last Updated on March 8, 2021
COVID Exclusions
| COVID | Extensions Granted March 5, 2021 | None |
| COVID | Extensions Granted December 29, 2020 | None |
| COVID | Modifications March 25, 2020 | None |
| List 1 | Exclusions Granted December 28, 2018 | Cargo Systems Messaging Service (CSMS) Guidance #19-000052 |
| List 1 | Exclusions Granted March 25, 2019 | CSMS Guidance #19-000155 |
| List 1 |
USTR Considering Certain Section 301 List 1 Exclusion Extensions in November
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
Comment Period Announced for Section 301 Tariff Increase to 30% on Lists 1-3 Worth $250 Billion
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
USTR Unveils List of Products Subject to the Proposed 10 Percent Tariff on Imports from China
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,
RECENT USTR SECTION 301 PRODUCT EXCLUSIONS
The Office of the United States Trade Representative (USTR) released three distinct batches of product exclusion requests from its Section 301 tariffs during July and early-August.
- On July 9, USTR published their sixth batch of List 1 ($34 billion trade action) exclusions in the Federal Register. The exclusions applied to 110 specific product descriptions and
USTR Announces China Section 301 List 4 with Public Hearing and Comment Dates
In a soon to be published Federal Register Notice, the U.S. Trade Representative (USTR) announced a proposed additional ad valorem duty of up to 25 percent on products from China with an annual trade value of an estimated $300 billion. The proposed product list (“List 4”) is located in the Annex to the notice
USTR: No Exclusion Process on $200 Billion List 3 Products Unless Tariff Raised to 25%
On October 18, 2018, U.S. Senator Tim Kaine (D-VA) and ten other Democratic senators sent a letter to the Office of the U.S. Trade Representative (USTR) asking why an exclusion process was not in place for the 10 percent tariff on List 3’s $200 billion
CBP Posts Notice on Section 301 Product Exclusions Announced on December 28, 2018
Earlier this week, U.S. Customs and Border Protection posted a notice on Section 301 Product Exclusions announced on December 28, 2018.
The notice provided the following guidance regarding exclusions granted by USTR:
- On December 28, 2018, the U.S. Trade Representative published Federal Register Notice 83
First Section 301 List 1 Product Exclusions Published in Federal Register
On December 28, 2018, USTR published in the Federal Register the first Section 301 List 1 Product Exclusions. The exclusions apply as of the July 6, 2018 effective date of “List 1,” and will extend for one year after the publication of this notice. U.S. Customs and Border Protection will issue instructions on entry