USTR Considering Additional China List 4A Tariff Exclusion Extensions

The U.S. Trade Representative (USTR) is considering an extension for up to 12 months on recently announced and forthcoming exclusions from the additional 7.5% Section 301 tariffs on List 4A goods from China.

The USTR is considering the extension for exclusions issued on July 10, 2020 and another set of exclusions which will be published over the next few days.  Both sets of exclusions are set to expire on September 1, 2020.

Comments may be submitted between July 15 and August 24, 2020 by 11:59 p.m. EDT via the USTR Comment Portal; Docket ID number USTR-2020-0029.

Those requesting an exclusion extension are strongly encouraged to submit their comments with the following information:

  • The full legal name of the organization submitting the comment
  • Whether the commenter is a third party (e.g., law firm, trade association, or customs broker) submitting the comment on behalf of an organization or industry; if so, the name of the third party
  • The commenter’s gross revenue for 2018 and 2019
  • The number for the exclusion at issue, as provided in the annex of the applicable Federal Register notice
  • Is the product subject to an antidumping or countervailing duty order?
  • Can the product or a comparable product be sourced in the U.S. or elsewhere?
  • Have there been any changes in the product’s global supply chain or any other relevant industry developments since September 2018?
  • What efforts, if any, have been undertaken to source the product elsewhere since September 2018?
  • The value and quantity of the excluded product purchased in 2018 and 2019
    • If the product was purchased from a related company, provide the name of the company and its relationship to the requester
  • Have Chinese suppliers lowered their prices for the excluded product following the imposition of the additional duties?
  • Is the excluded product sold as a final product or as an input?
  • Will the imposition of additional tariffs on the excluded product result in severe economic harm to the commenter or other U.S. interests?
  • Any other additional information in support of the extension request

Separate comments must be submitted for each exclusion.

While the focus of the USTR’s evaluation will be whether the particular product remains available only from China, the USTR will also consider whether the imposition of additional duties on the excluded products would result in severe economic harm to the commenter or other U.S. interests.  The USTR will evaluate the possible extension of each exclusion on a case-by-case basis.

The official notice, published by the USTR on July 14, 2020, can be found here.  A complete list of China List 4A exclusions can be found here.

For more information on the additional Section 301 tariffs or for assistance with the exclusion comment process, please contact

OCEANAIR will continue to monitor the situation and provide status updates on our China Section 301 Tariff Updates web page as they become available.