Section 301 List 3 Product Exclusion Request Procedure

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Section 301 List 3 Product Exclusion Request Procedure

The United States Trade Representative (USTR) has published the product exclusion request procedure for Section 301 List 3 goods with an annual trade value of $200 billion. List 3 was announced on September 21, 2018. The product exclusion notice explains the procedure for filing an exclusion request.

Product exclusion requests must be submitted to the web portal between June 30, 2019 and September 30, 2019. Responses to individual exclusion requests are due 14 days after the request is posted on USTR’s online portal. Any replies to responses to an exclusion request are due the later of 7 days after the close of the 14-day response period, or 7 days after the posting of a response.

The notice explains that, “each request must specifically identify a particular product, and provide supporting data and the rationale for the requested exclusion. USTR will evaluate each request on a case-by-case basis, taking into account the asserted rationale for the exclusion, whether the exclusion would undermine the objective of the Section 301 investigation, and whether the request defines the product with sufficient precision. Any exclusion will be effective starting from September 24, 2018 effective date of the September 2018 action, and extending for one year after the publication of the exclusion determination in the Federal Register.”

For any questions or assistance in filing a product exclusion, please contact your Norman Krieger representative.

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