On February 5, the Office of the United States Trade Representative (USTR) started the renewal clock for another round of List 1 exclusions. The exclusions in question were granted in April 2019 and are set to expire on April 18, 2020. List 1, which took effect in July of 2018, covers approximately $34 billion in goods from China and is currently subject to a 25 percent tariff.

USTR will consider each possible extension on a case-by-case basis, focusing on whether despite the first round of additional tariffs, the particular product remains available only from China.

Commenters are instructed to address the following:

  • Whether the particular product and/or a comparable product is available from sources in the United States and/or in third countries.
  • Any changes in the global supply chain since July 2018 with respect to the product or any other relevant industry developments.
  • 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.

Additionally, USTR will consider whether the imposition of additional duties on the excluded products will result in “severe economic harm to the commenter or other U.S. interests.”

The docket, USTR-2020-0002, opens on February 16, 2020, and the announcement lists the submission deadline as both March 15 and March 16, 2020. Commenters should plan to submit by March 15 unless this is clarified.

For more information, contact Samantha Rocci at [email protected].