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USTR Releases List 4A Process for Chinese Tariff Exclusion

On October 21, the U.S. Trade Representative (USTR) posted a notice detailing the product exclusion process to be followed for List 4A. A link to the notice can be found here, which includes the products list for increased tariffs.

The process mirrors that used for List 3. However, there are a couple of differences on the product exclusion petition form including:

  • specifying whether the products are subject to an AD/CVD order issued by the Department of Commerce; and
  • specifying the number of employees in the company and the number of employees potentially affected by the tariff

The portal will open for submissions at noon (ET) on October 31, 2019 and will remain open until 11:59 p.m. (ET) January 31, 2020.  Any approved exclusion will be effective for one year, starting from the September 1, 2019 effective date of the List 4A tariffs.

After the Trump Administration in 2018 imposed a 25% tariff on some products imported from China, USTR set up a process in which trade organizations can make submissions on behalf of member companies for specific product exclusions. As such, PESA has submitted a list of product exclusion requests to USTR on behalf of the sector, and six have been granted.

If PESA Member Companies wish to file exclusions under PESA, we will file in the same fashion as we have done for prior lists. Each exclusion filed by PESA on behalf of a Member Company will cost $3,000, which covers legal fees for the filing. Should any companies be interested in moving forward, please review the procedures for filing found here and contact Vice President Government Affairs Tim Tarpley to move forward or if you have any questions.