USTR Releases “List 3” Details for Exclusion Process

June 20, 2019 – The Office of United Trade Representative (USTR) released details about the process on requesting product exclusions from the additional tariffs on “List 3”. As previously shared, China imported products are being targeted for retaliation in connection with the findings of a U.S. “Section 301” investigation.

Back in September 2018, the Trump administration began applying 10% additional duties on “List 3”. Recently, on May 10, 2019, President Trump increased these duties to 25% for lack of progress from Chinese negotiations.

For details pertaining to the exclusion process, click here.

USTR notes that each request must specifically identify a particular product, and provide supporting data and the rationale for the requested exclusion. USTR will evaluate each request on a case-by-case basis, taking into account the asserted rationale for the exclusion, whether the exclusion would undermine the objective of the Section 301 investigation, and whether the request defines the product with sufficient precision. Any exclusion will be effective starting from the September 24, 2018 effective date of the September 2018 action, and extending for one year after the publication of the exclusion determination in the Federal Register. USTR will periodically announce decisions on pending requests.

To submit an exclusion request, requesters must first register on the portal at  The portal will open at noon EDT on June 30, 2019. After registration, the requester can fill out and submit one or more exclusion request forms. The deadline for submitting exclusion requests for List 3 items is September 30, 2019.

Key dates for the exclusion process:

·         June 30, 2019 (noon EDT) –the portal opens and requests may be submitted

·         September 30, 2019 – deadline for submitting requests

·         Responses to individual exclusion requests are due 14 days after the request is posted on the USTR portal

·         Replies to any responses are due 7 days after a response is posted