Tariff Update: Changes Coming to Lists 1, 2 and 3 & List 3 Exclusion Process

Changes Coming to Lists 1, 2 and 3
Today, the USTR released President Trump’s latest directives regarding the Section 301 Lists 1, 2 and 3 ($250 billion worth of goods). The official notice should be published in the Federal Register on Tuesday, Sept. 3.

Today’s pre-publication notice calls for an increase from 25 percent to 30 percent for Lists 1, 2 and 3 beginning Oct. 1.

The USTR’s current tariff authority only allowed for tariffs up to 25 percent. The proposed 5-percent increase requires USTR to invite comments. The deadline to submit comments is Sept. 20. Comments should focus on the proposed increase in the rate, specifically whether increasing the rate of additional duties on one or more subheadings listed in the Annexes would be practicable or effective to obtain the elimination of China's acts, policies, and practices, and whether increasing the rate of additional duties on a particular product listed in the Annexes would cause disproportionate economic harm to U.S. interests, including small-or medium-sized businesses and consumers.

Read the pre-publican notice here.

List 3 Exclusion Process
USTR has created a process to apply for exclusions from the additional duties found in List 3. Interested parties, including trade associations are invited to submit requests. The deadline to submit requests is Sept. 30.

A few ALA members have shown some interest in the exclusion process. ALA will submit applications on behalf of the membership. In order to help facilitate the requests, ALA needs information and data from manufacturers. Here is a sample of some of the information needed to complete the application:

HTSUS Item Number

Product Name

Product Function, Application and Principal Use

Product Description (Photographs can be submitted in support)

Is this product, or a comparable product, available from sources in the United States?

Please discuss any attempts to source this product from the United States or third countries.

Please comment on whether the particular product of concern is strategically important or related to "Made in China 2025" or other Chinese industrial programs.

Please send me an email if your company would like to assist in the exclusion process.