USTR to Accept Comments on Reinstating 549 China 301 Exclusions

In prior notices, the U.S. Trade Representative modified the action in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation by excluding certain products from additional duties in multiple tranches. From the various tranches of granted exclusions, the U.S. Trade Representative subsequently extended 549 exclusions. Most of these extensions expired by December 31, 2020. The remainder expired earlier this year. USTR invites specific comments on whether to reinstate particular product exclusions.

DATES: October 12, 2021 at 12:01 a.m. EDT: The public docket on the web portal at https://comments.USTR.gov will open for parties to submit comments on the possible reinstatement of particular exclusions. To be assured of consideration, submit written comments on the public docket by December 1, 2021 at 11:59 PM EST.

USTR will evaluate the possible reinstatement of each exclusion on a case-by- case basis. The focus of the evaluation will be whether, despite the imposition of additional duties beginning in September 2018, the particular product remains available only from China. In addressing this factor, commenters should address specifically:

• 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
• 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.

In addition, USTR will consider whether or not reinstating the exclusion will impact or result in severe economic harm to the commenter or other U.S. interests, including the impact on small businesses, employment, manufacturing output, and critical supply chains in the United States, as well as the overall impact of the exclusions on the goal of obtaining the elimination of China’s acts, policies, and practices covered in the Section 301 investigation.

Exclusions reinstated pursuant to this review would be retroactive with respect to merchandise entered, or withdrawn from warehouse, for consumption on or after the opening of the docket on October 12, 2021, for which the entries are not liquidated at the time the claim to apply the reinstated exclusion is made to U.S. Customs and Border Protection in accordance with their procedures.

A facsimile of the form containing the questions to be addressed on the comment docket is available on USTR’s website.

Set out below is a summary of the information to be submitted.

• Contact information, including the full legal name of the organization making the comment, and whether the commenter is a third party. The previously extended exclusion you are commenting on.
• Whether the product or products covered by the exclusion are subject to an antidumping or countervailing duty order issued by the U.S. Department of Commerce.
• Whether you support or oppose reinstating the exclusion and an explanation of your rationale.
• Whether the commenter meets the size standard for a small business, as established by the Small Business Administration.
• The number of employees your business employs in the United States.
• Whether the products covered by the exclusion or comparable products are available from sources in the U.S. or in third countries.
• The efforts you have undertaken since September 2018 to source the product from the U.S. or third countries.
• As a domestic producer, your capacity to produce the product in the United States, your production in the United States, your efforts to produce domestically, and any constraints.
• The value and quantity of the Chinese-origin product covered by the specific exclusion request purchased over the last three years.
• Whether Chinese suppliers have lowered their prices for products covered by the exclusion following the imposition of duties.
• The value and quantity of the product covered by the exclusion purchased from domestic and third country sources over the last three years.
• If applicable, the commenter’s gross revenues for the last three years.
• Whether the Chinese-origin product of concern is sold as a final product or as an input.
• Whether or not reinstating the exclusion will result in severe economic harm to the commenter or other U.S. interests.
• Whether the additional tariffs had an impact on employment at your company.
• Any additional information in support of or in opposition to reinstating the exclusion.

Commenters also may provide any other information or data that they consider relevant.