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 the particular product remains available only from China. In addressing this factor, commenters should address specifically:
- Whether the particular product and/or a comparable product is available from sources in the United States and/or in third countries.
- Any changes in the global supply chain since July 2018 with respect to the particular product, or any other relevant industry developments.
- The efforts, if any, the importers or U.S. purchasers have undertaken since July 2018 to source the product from the United States or third countries.
Additionally, USTR will consider whether the imposition of additional duties on the products covered by the exclusion will result in severe economic harm to the commenter or other U.S. interests.
USTR is encouraging commenters to complete two forms, which USTR will post on its website before the docket opens on November 1st. The public docket can be found on http://www.regulations.gov. The docket number is USTR-2019-0019. One form will be posted on the public docket while one form will contain business confidential information which will not be posted on the public docket.
The USTR is asking for commenters to provide several other data points that it did not request from parties in in the original exclusion requests.
The docket closes on November 30th.