USTR Proposes Reinstating Exclusions

On October 6, 2021, the Office of the U.S. Trade Representative (“USTR”) announced in the Federal Register that the agency is considering a possible reinstatement of 549 exclusions for Section 301 duties on products imported from China that had expired on December 31, 2020.

Following Ambassador Katherine Tai’s remarks at a panel discussion on October 4, 2021 that the USTR will start a targeted tariff exclusion process, USTR is inviting public comments on whether to reinstate previously extended exclusions. Ambassador Tai has explained that the exclusions process is a key part of the Biden-Harris Administration’s deliberative, long-term vision for realigning the U.S.-China trade relationship around our priorities and making trade work for American workers and businesses.

Comment Now

USTR seeks comments to determine whether and for how long exclusions should be reinstated. Comments on which of the 549 exclusions should be reinstated should focus on:

  • Whether the particular product and/or a comparable product is available from sources in the United States and/or in third countries;
  • Any changes in the global supply chain since September 2018 with respect to the particular product or any other relevant industry developments;
  • The efforts, if any, the importers or U.S. purchasers have undertaken since September 2018 to source the product from the United States or third countries;
  • Domestic capacity for producing the product in the United States; and
  • Whether reinstating the exclusion will impact or result in severe economic harm to the commenter or other U.S. interests.

The comment period begins on October 12, 2021 and closes December 1, 2021.

Contact Us

Diaz Trade Law has significant experience working on Section 301 exclusions and in submitting comments for federal rulemaking. If you would like assistance drafting or having your comments reviewed prior to submission, please reach out to us today at