Your Imported Item May Qualify for a Section 301 Tariff Exclusion if it Helps in the Fight Against COVID-19
Was your tariff exclusion request denied for Section 301 tariffs from China? Or did you just not get around requesting an exclusion? The COVID-19 outbreak has forced the US Trade Representative to consider excluding additional imported items that help contain the pandemic. Here is the standard:
Each comment specifically must identify the particular product of concern and explain precisely how the product relates to the response to the COVID-19 outbreak. For example, the comment may address whether a product is directly used to treat COVID-19 or to limit the outbreak, and/or whether the product is used in the production of needed medical-care products…. The docket for comments will remain open at least until June 25, 2020, and may be extended as appropriate. To facilitate timely consideration of possible modifications, interested persons should submit comments as promptly as possible. Interested persons may also submit responses to comments. To be assured of consideration, any responses to comments should be submitted within three business days after a comment is posted in the docket. USTR will review comments on a rolling basis.
Please notice that your product does not have to be a medical device or used directly to treat COVID-19, but can be used to “limit the outbreak…or used in the production of needed medical-care products.”
Although the tentative comment deadline is June 25, 2020, the USTR is pushing the public to submit comments quickly. The USTR will probably grant exclusions quickly, but on a first come, first served “rolling basis.” We suggest you prepare and file your comment as soon as possible.
Click here to read the Federal Register Notice.
Our law firm has extensive experience working with the USTR and the tariff exclusion process. We welcome your inquiries.