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USTR Releases Product Exclusion Process for Chinese Products Subject to Section 301 Tariffs

USTR news release: “The Office of the U.S. Trade Representative (USTR) today announced a process to obtain product exclusions from the additional tariffs in effect on certain products imported from China under the U.S. response to China’s unfair trade practices related to the forced transfer of U.S. technology and intellectual property. Today, additional tariffs of 25 percent come into effect for Chinese products imported under 818 tariff lines, covering a trade value of approximately $34 billion in 2018. These tariff lines contain products identified as benefiting from China’s industrial policies, including the “Made in China 2025” program. The list of products subject to tariffs was determined by a 90-day process that included public hearings and a notice and comment period. USTR is providing an opportunity for the public to request exclusion of a particular product from the additional duties to address situations that warrant excluding a particular product within a subheading, but not the tariff subheading as a whole. A Federal Register notice outlining the criteria and process for a product exclusion request will be published, and public requests, responses, and replies will be received via Regulations.gov. In making its determination on each request, USTR may consider whether a product is available from a source outside of China, whether the additional duties would cause severe economic harm to the requestor or other U.S. interests, and whether the particular product is strategically important or related to Chinese industrial programs including “Made in China 2025”…”

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