On October 28, 2019, the Office of the U.S. Trade Representative (USTR) announced that it is considering an extension of certain exclusions granted for products in the first tranche of Section 301 tariffs, effective since July 6, 2018 ("List 1"). The extensions being considered are specifically for List 1 exclusions granted on December 28, 2018 for a period of twelve months, and which are set to expire on December 28, 2019. USTR is currently inviting comments on whether to grant such extensions and will evaluate the possible extension of each exclusion on a case-by-case basis. The focus of the evaluation will be whether, despite the first imposition of the tariffs in July 2018, the particular product remains available only from China. Exclusions must address whether the product is available from the United States or third countries; any changes in the global supply chain since July 2018 with respect to the product; any industry developments; and 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. The USTR docket for the submission of comments, to be submitted on two specific USTR forms, will open at noon EDT on November 1, 2019, and all comments must be submitted by November 30, 2019 at 11:59 p.m. EDT.

If your company received an exclusion from the Section 301 tariffs announced in the Federal Register notice on December 28, 2018 and you would like to submit comments requesting an extension, or otherwise submit comments on possible extensions to certain exclusions, please contact Venable's International Trade Group for assistance.