Careers

Diversity, Equity & Inclusion

Experience

Innovation

Interactive Maps

Locations

About

Pages

Meet our team of innovators
Ask us how we do it

Professionals

Insights

Services

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.

Home | Thompson Hine LLP

Atlanta

Chicago

Cincinnati

Cleveland

Columbus

Dayton

Los Angeles

Minneapolis

New York

Silicon Valley

Washington, D.C.

The Office of the U.S. Trade Representative (USTR) has issued a <a href="https://www.govinfo.gov/content/pkg/FR-2020-03-02/pdf/2020-04207.pdf" target="_blank" rel="noopener noreferrer">Federal Register </a><a href="https://www.govinfo.gov/content/pkg/FR-2020-03-02/pdf/2020-04207.pdf" target="_blank" rel="noopener noreferrer">notice</a> seeking public comment on the possible extension of Section 301 tariff exclusions for certain products that it granted on May 6, 2019, in the ongoing trade dispute with China. These exclusions were in the third batch of exclusions granted as part of the first round of Section 301 tariffs placed on imports of Chinese goods with an annual trade value of approximately $34 billion (List/Tranche 1 products). These exclusions (see <a href="https://www.trumpandtrade.com/2019/05/ustr-releases-fourth-batch-of-china-section-301-product-exclusion-approvals/">Trump and Trade Update of May 10, 2019</a>) are scheduled to expire on May 14, 2020. The USTR is considering a possible extension of up to 12 months for these exclusions and seeks public comment on whether to extend particular ones.
USTR states that it will evaluate the possible extension of each exclusion on a case-by-case basis. The focus of the evaluation will be &ldquo;whether, despite the first imposition of these additional duties in July 2018, the particular product remains available only from China.&rdquo; These issues should be addressed in submitting any comments:
<ul>
<li>Whether the particular product and/or a comparable product is available from sources in the United States and/or in third countries.</li>
<li>Any changes in the global supply chain since July 2018 as to the particular product, or any other relevant industry developments.</li>
<li>The efforts, if any, the importers or U.S. purchasers have undertaken since July 2018 to source the product from the United States or third countries.</li>
</ul>
The USTR notes that it will continue to consider whether the imposition of additional duties on the products covered by the exclusion will result in severe economic harm to the commenter or other U.S. interests.
Comments will be accepted between March 12 and April 12, 2020. All submissions must be made electronically via the <a href="https://www.regulations.gov/" target="_blank" rel="noopener noreferrer">www.regulations.gov</a> portal on docket number USTR-2020-0009. The USTR strongly recommends that those wishing to comment complete Exclusion Extension Comment: <a href="https://ustr.gov/sites/default/files/enforcement/301Investigations/Exclusion_Extension_Comment_Form_A.xlsx" target="_blank" rel="noopener noreferrer">Form A</a>,&nbsp;which will be posted on the public docket. Importers and purchasers may also submit Exclusion Extension Comment: <a href="https://ustr.gov/sites/default/files/enforcement/301Investigations/Exclusion_Extension_Comment_Form_B.xlsx" target="_blank" rel="noopener noreferrer">Form B</a>&nbsp;containing business confidential information via email to 301bcisubmissions@ustr.eop.gov,&nbsp;which will not be made available to the public. If filing a Form B, parties, the USTR notes, must also file a public Form A.
The USTR is considering the possible extension of product exclusions only for those exclusions granted in May 2019; no other extensions under any other product exclusion notices issued by the USTR will be considered.

core/freeform

SmarTrade

Senior Legislative and Regulatory Policy Advisor

Scott E. Diamond

USTR Seeks Public Comment on Possible Extension of Section 301 Tariff Exclusions for Chinese Products on List/Tranche 1