If you import a product related to the medical response to COVID-19 that is subject to Section 301 China tariffs, you still have time to request an exclusion from the US tariffs, irrespective of whether you previously applied for one.
As we explained back in March in Coronavirus Legal Issues Around the World, Part 9: Removing U.S. Tariffs on COVID-19-Related Products, the United States Trade Representative (USTR) is requesting public comments regarding tariff relief for products “relevant to the medical response to the coronavirus.”
The comments process offers a second bite of the apple to importers of such products who did not file an exclusion request during the original request period. It also gives a second chance to importers who did file an exclusion request but had it denied. For importers who successfully applied for an exclusion, it provides a second avenue to request an extension of the granted exclusion.
In addition to obvious coronavirus-related products such as personal protective equipment (PPE), importers of products used in the production of PPE and other medical products are good candidates for exclusion requests. This would include products such as machinery used to manufacture face masks.
The deadline for submitting comments is June 25, 2020.