The United States Trade Representative has opened a portal for submission of exclusion requests under Docket ID: USTR-2024-0020, “Requests for Temporary Exclusion for Machinery Used in Domestic Manufacturing.”
There is a list of HS codes that are eligible for consideration for exclusion from the additional tariffs, and the deadline for submitting exclusion requests is March 31, 2025. Each request must clearly identify a particular product by description and HS code. There must also be supporting data and reasons for the requested exclusion. The USTR will consider each request on a case-by-case basis, weighing whether the request adequately describes the product, the stated rationale for the exclusion, and whether the exclusion would undermine the objective of the Section 301 investigation.
There is also an opportunity for interested parties to file responses to exclusion requests within a certain amount of time, and then another period during which one may post a response to the response. Approved exclusions will be effective beginning on the date of publication in the Federal Register and will be valid through May 31, 2025. As of November 8, there are only 14 exclusion requests in the portal. Unknown is how long it might take for USTR to decide on exclusion requests.
Tradewin can assist in any of the following areas.
- Validate that your products are properly classified under the Harmonized Tariff Schedule
- Utilize the “substantial transformation” methodology to confirm the country of origin of the goods
- Identify those products which may be eligible for exclusion from the Section 301 tariffs
- Prepare and submit an exclusion request via the USTR portal
If you have questions concerning these approved exclusions by the United States Trade Representative, please contact Tradewin.
