GT Law: USTR to Open Section 301 Tariff Exclusion Process for Medical-care Products Needed to Address COVID-19

On March 23, 2020, the United States Trade Representative (USTR) announced it will begin accepting exclusion requests from the Section 301 tariffs on goods manufactured in China for medical-care products needed to address the COVID-19 outbreak. The exclusion requests are to be submitted to regulations.gov. No specific forms or formats are required.  Though USTR asks that all requests be submitted as soon as possible, the process will be open until June 25, 2020.  Any product included in any of the previous USTR actions (Lists 1-4) is eligible for exclusion, including those which have previously been denied an exclusion.

Requests must include the following:

  • Narrowly identified product;
  • Precise explanation of how the product relates to the responses to the COVID-19 outbreak;
  • Ten-digit subheading of the HTSUS applicable to the product;
  • Product description in terms of its functionality and physical characteristics (e.g., dimensions, material composition, or other characteristics)
  • Other information on the producer, importer, ultimate consumer, or trademarks or tradenames may be provided but is “less helpful.”

Any comments supporting or opposing an exclusion must be received within 3 business days of public posting of the exclusion request.

AUTHORS:
Laura Siegel Rabinowitz
Donald S. Stein
Axel S. Urie

Compliments of Greenberg Traurig – a member of the EACCNY.