Alerts and Updates

United States Trade Representative Issues Exclusion Procedures for Chinese-Origin Products Subject to Additional Duties

July 8, 2019

As the trade dispute between the United States and China continues, concerned companies now have the opportunity to seek exclusions from additional tariffs. On June 24, 2019, the United States Trade Representative (USTR) announced procedures to request exclusions for Chinese-origin products subject to the third list of tariffs originally published by the USTR on September 21, 2018. See 84 FR 29576. The exclusion process began on June 30, 2019, and all requests must be submitted through an electronic portal by September 30, 2019.

Although products categorized under the Harmonized Tariff Schedule (HTSUS) numbers subject to this list previously only required a 10 percent ad valorem additional duty, at the direction of the president, the USTR increased this additional duty to 25 percent effective May 10, 2019. See 84 FR 20459. Products imported from January 1, 2019, until May 9, 2019, were only subject to a 10 percent duty. USTR and Customs and Border Protection (CBP) have advised that prior to June 1, 2019, importers that met the required export date from the People’s Republic of China and the import date into the commerce of the United States, were authorized to pay 10 percent additional duties instead of 25 percent.

The third list, which currently applies to hundreds of products grouped by HTSUS numbers, applies to certain food, energy, furniture and metal products, among other items. The list of HTSUS numbers subject to these additional duties, along with their corresponding product descriptions, is available on the Federal Register website. It is important to note that this exclusion process does not apply to products that are already subject to the first and second Chinese-origin product tariff lists, as the relevant exclusion process for those products has closed. 

For More Information

If you would like further information about this Alert and the exclusion request submission process, please contact Brian S. GoldsteinJ. Manly ParksNathan B. Reeder, any member of the International Practice Group or the attorney in the firm with whom you are regularly in contact.

Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.