© [2019], Sandler, Travis & Rosenberg, P.A. Originally published in the [11/04/2019] issue of the Sandler, Travis & Rosenberg Trade Report. Reprinted by permission.

The Office of the U.S. Trade Representative is accepting comments through Dec. 4 on its proposed revision and extension of the form used to submit requests for exclusions from the Section 301 additional tariffs on imports from China. USTR is also developing a related form to request the extension of tariff exclusions granted in December 2018.

Tariff exclusion requests must identify a particular product and provide specific supporting data and the rationale for the requested exclusion. Responses to exclusion requests may be submitted within 14 days of their posting for comment, and replies to such responses are due within another seven days. Neither of the latter require a specific form or information.

USTR is now revising the request form in response after considering several comments as well as its own experience administering the exclusion process. Specifically, USTR is adding (1) a new question that asks if the product is subject to an antidumping or countervailing duty order and (2) clarifying language to indicate that requestors, if necessary, may provide a range of unit values when describing the product at issue. USTR is also updating the electronic tariff exclusion portal to reduce the burden on submitters and is working to improve the portal user experience by increasing the character limit for certain fields to allow requestors additional space for their comments.