The U.S. Trade Representative has “begun preparations to launch” exclusion practices for a third tranche of Section 301 tariffs from China products.
This exclusion will deal with 10 percent tariffs across goods with a yearly import value of $200 billion and greater.
Following a February House Ways and Means Committee hearing, Robert Lighthizer (USTR), testified that his agency had started an exclusion process this past April. Lighthizer wrote, “Members of Congress believe that we should have an exclusion process for List 3. For this reason, we have begun preparations to launch a process by the end of the month.”
The USTR has implemented an exclusion process for lists 1 and 2, which include 25 percent tariffs across a total of $50 billion worth of goods. As of this time, a process for the third list has not been implemented. Lighthizer also stated that the USTR at this time is not considering an appeals process for any Section 301 exclusion decisions.
Working individually with requesters and the Small Business Administration (SBA), USTR helped small businesses apply for Section 301 exclusions and create frequently asked questions to address the concerns of small business. During this Section 301 investigation, the USTR conducted an extensive notice and comment process that included four public hearings, almost 1000 witnesses and nearly 15,000 comments. The USTR has created a two-page simplified form to assist small businesses exclusion request submissions, by making it easier.
Effects from Section 301 tariffs have been felt by small businesses who have been have financially impacted by the tariffs.
The USTR has dedicated team that is experienced in trade law, and industrial data analytics, This team of 25 USTR attorneys, paralegals and trade analysts working side-by-side with the International Trade Commission and relevant federal agencies.
