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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 11 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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On September 18, 2018, the U.S. Trade Representative (USTR) announced the <a href="https://www.govinfo.gov/content/pkg/FR-2018-09-18/pdf/2018-20246.pdf" target="_blank" rel="noopener">exclusion request process</a> for the Trump administration&rsquo;s second tranche of products covered under the Section 301 trade action against China for its unfair policies and practices involving forced technology transfers and intellectual property rights. On August 16, 2018, the United States implemented retaliatory tariffs of 25 percent on U.S. imports of <a href="https://ustr.gov/sites/default/files/enforcement/301Investigations/Final%20Second%20Tranche.pdf" target="_blank" rel="noopener">279 Chinese products</a> covering an estimated trade value of $16 billion in 2018. Parties interested in this Section 301 product exclusion process should be aware that the deadline for requesting an exclusion from the applicable tariffs for any of these products is December 18, 2018.
Exclusion requests must be filed via <a href="https://www.regulations.gov/" target="_blank" rel="noopener">www.regulations.gov</a> on Docket USTR-2018-0032. While not mandatory, the USTR has encouraged interested parties to use its <a href="https://www.trumpandtrade.com/wp-content/uploads/sites/783/2018/11/USTR-2018-0032-0003.pdf" target="_blank" rel="noopener">exclusion request form</a> to submit exclusion requests, which may be accompanied by supporting documentation. Each request must specifically identify a particular product and provide supporting data and the rationale for the proposed exclusion. Each request will be evaluated on a case-by-case basis.
The USTR has specified that the following information must be provided:
<ul>
<li>Identification of the particular product in terms of the physical characteristics (e.g., dimensions, material composition or other characteristics) that distinguish it from other products within the covered 8-digit subheading. The USTR will not consider requests that identify the product at issue in terms of the identity of the producer, importer or ultimate consumer, actual use or chief use, trademarks or tradenames, nor requests that identify the product using criteria that cannot be made available to the public.</li>
<li>The 10-digit subheading of the HTSUS applicable to the particular product requested for exclusion.</li>
<li>The annual quantity and value of the Chinese-origin product that the applicant purchased in each of the last three years.</li>
</ul>
Each exclusion request should address (1) whether the particular product is available only from China or whether a comparable product is available from other sources, (2) whether the imposition of the tariff will cause &ldquo;severe economic harm to the requestor,&rdquo; and (3) whether the product is strategically important to the &ldquo;Made in China 2025&rdquo; program or other Chinese industrial programs. There is a process for filing requests containing business confidential information; however, such submissions must also be accompanied by a public version of the request.

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SmarTrade

China Section 301 Tariffs: Second Tranche Product Exclusion Requests Due by December 18