Commercial Information Circulars
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Ref. : EIC 111/2/18
CR EIC 111/1/13/3
19 September 2018
Commercial Information Circular No. 859/2018
US : Section 301 Tariffs on US$16 billion of Products of Mainland China - Request for Product Exclusion Process
Further to Commercial Information Circular No. 787/2018 of 17 August 2018 regarding the US' additional tariffs of 25% on 279 tariff lines of Mainland products under the US' Section 301 investigation which took effect on 23 August 2018, the Office of the US Trade Representative (USTR) has announced a process by which US stakeholders may request product exclusions from the additional tariffs.
2.The USTR promulgated in a notice of 18 September 2018 the relevant procedures for interested persons, including trade associations, to submit requests for product exclusion from the additional tariffs on 279 tariff lines of Mainland products subject to Section 301 tariffs. The exclusion process has the following important dates and features:
- The public will have 90 days to file a request for a product exclusion; the request period will end on 18 December 2018.
- Following public posting of the filed request on www.regulations.gov (docket number USTR-2018-0032), the public will have 14 days to file responses to the request for product exclusion. After the close of the 14-day response period, interested persons will have an additional 7 days to reply to any responses received in support of or opposition to the request.
- Exclusions will be effective for one year upon the publication of the exclusion determination in the Federal Register, and will apply retroactively to 23 August 2018.
- Exclusions will be made on a product basis. A particular exclusion will apply to all imports of the product, regardless of whether the importer filed a request.
3.In making its determination on each request, the 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 US interests, and whether the particular product is strategically important or related to Chinese industrial programs including "Made in China 2025".
4.The USTR strongly prefers electronic submissions made through the Federal eRulemaking Portal: http://regulations.gov. All submissions must be in English. Each request (one product per request) must specifically identify a particular product and provide supporting data and the rationale for the requested exclusion. The USTR has prepared a request form that will be posted on the USTR website under "Enforcement/Section 301 investigations" and on the www.regulations.gov docket in the "Supporting Documents" section . The USTR strongly encourages interested persons to use the form to submit requests, though the use of the form is not mandatory.
5.For further details of the requirements for submissions, please refer to the relevant Federal Register notice: https://www.gpo.gov/fdsys/pkg/FR-2018-09-18/pdf/2018-20246.pdf
6.For enquiries concerning the content of this circular, please contact the undersigned at 2398 5682.
(Miss Ivy TAM)
for Director-General of Trade and Industry
Note: While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.