The Office of the United States Trade Representative announced on July 8, 2019 that a sixth list of products excluded from the July 6, 2018 duties announcement (List One), originally totaling $34 billion, had been finalized. This announcement will be made official pending formal publication in the Federal Register on July 9, 2019.
The exclusions are reflected in 110 specially prepared product descriptions, which cover 362 separate exclusion requests. The exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the product descriptions in the Annex to this notice, and not by the product descriptions set out in any particular request for exclusion.
The product exclusions announced in this notice set for publication on July 9 will apply as of the July 6, 2018 effective date of the $34 billion action, and will extend for one year after the publication of this notice. U.S. Customs and Border Protection will issue instructions on entry guidance and implementation.
With regard to the rationale for the requested exclusion, requests had to address the following factors:
• Whether the particular product is available only from China and specifically whether the particular product and/or a comparable product is available from sources in the United States and/or third countries.
• Whether the imposition of additional duties on the particular product would cause severe economic harm to the requestor or other U.S. interests.
• Whether the particular product is strategically important or related to “Made in China 2025” or other Chinese industrial programs.
Previous exclusion requests had been granted in formal announcements in December 2018, March 2019, April 2019, May 2019, and June 2019. The Trade Representative will continue to issue decisions on pending requests on a periodic basis.
Please see the unofficial Notice of Product Exclusions in the document below. For your convenience, the list can be found on page 6.