The United States Trade Representative (USTR) is now considering the extension of exclusions for almost all Section 301 – List 3 exclusions. The comment period to request an extension for one year opened on May 1st and will remain open until June 8th.
For purposes of this comment period, the USTR will be accepting requests for extensions for exclusions granted within 11 different exclusion notices: 84 FR 38717 (August 7, 2019), 84 FR 49591 (September 20, 2019), 84 FR 57803 (October 29, 2019), 84 FR 61674 (November 13, 2019), 84 FR 65882 (November 29, 2019), 84 FR 69012 (December 17, 2019), 85 FR 549 (January 6, 2020), 85 FR 6674 (February 5, 2020), 84 FR 9921 (February 20, 2020), 85 FR 15015 (March 16, 2020), and 85 FR 17158 (March 26, 2020).
All of the exclusions within the above FR Notices are set to expire on August 7, 2020. Further, each request will be reviewed on a case-by-case basis.
The information that must be included in each request includes:
· Contact information, including the full legal name of the organization making the comment, whether the commenter is a third party on behalf of an organization or industry, and the name of the third party organization, if applicable.
· The number for the exclusion on which you are commenting as provided in the annex of the Federal Register notice granting the exclusion and the description. For descriptions, amended or corrected by a later issued notice of product exclusions, parties should use the amended or corrected description.
· Whether the product or products covered by the exclusion are subject to an antidumping or countervailing duty order issued by the U.S. Department of Commerce.
· Whether you support or oppose extending the exclusion and an explanation of your rationale. Commenters must provide a public version of their rationale, even if the commenter also intends to submit a more detailed BCI rationale.
· Whether the products covered by the exclusion or comparable products are available from sources in the U.S. or in third countries. Please include information concerning any changes in the global supply chain since September 2018 with respect to the particular product.
· The efforts you have undertaken since September 2018 to source the product from the United States or third countries.
· The value and quantity of the Chinese-origin product covered by the specific exclusion request purchased in 2018 and 2019. Whether these purchases are from a related company, and if so, the name of and relationship to the related company.
· Whether Chinese suppliers have lowered their prices for products covered by the exclusion following the imposition of duties.
· The value and quantity of the product covered by the exclusion purchased from domestic and third country sources in 2018 and 2019.
· If applicable, the commenter’s gross revenue for 2018 and 2019.
· Whether the Chinese-origin product of concern is sold as a final product or as an input.
· Whether the imposition of duties on the products covered by the exclusion will result in severe economic harm to the commenter or other U.S. interests.
· Any additional information in support of or in opposition to extending the exclusion. Commenters also may provide any other information or data that they consider relevant.
Braumiller Law Group, PLLC has extensive experience drafting successful extension requests for its clients. If you want to take advantage of this opportunity, please reach out to Adrienne Braumiller, Partner, via email at [email protected] or by phone at (214) 348-9306.
