{"id":1283,"date":"2019-10-21T20:37:48","date_gmt":"2019-10-21T20:37:48","guid":{"rendered":"http:\/\/www.bocintl.com\/en\/?p=1283"},"modified":"2019-10-21T20:37:48","modified_gmt":"2019-10-21T20:37:48","slug":"the-boc-blast-335-list-4a-exclusions","status":"publish","type":"post","link":"https:\/\/www.bocintl.com\/web\/the-boc-blast-335-list-4a-exclusions\/","title":{"rendered":"The BOC Blast 335 – List 4A exclusions"},"content":{"rendered":"\n
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USTR Announces China 301 Tariffs List 4A\nExclusions Process<\/strong><\/p>\n\n\n[Billing\nCode 3290-F0]\n\n\n

OFFICE OF\nTHE UNITED STATES TRADE REPRESENTATIVE<\/strong><\/p>\n\n\n

Docket\nNumber USTR-2019-0005<\/strong><\/p>\n\n\n

Procedures\nfor Requests to Exclude Particular Products from the August 2019 Action\nPursuant to Section 301: China\u2019s Acts, Policies, and Practices Related to\nTechnology Transfer, Intellectual Property, and Innovation<\/strong><\/p>\n\n\n

AGENCY:<\/strong> Office of\nthe United States Trade Representative.<\/p>\n\n\n

ACTION:<\/strong> Notice\nand request for comments.<\/p>\n\n\n

SUMMARY:<\/strong> In a\nnotice published on August 20, 2019, the U.S. Trade Representative announced\nthat the Office of the U.S. Trade Representative (USTR) would establish a\nprocess by which U.S. stakeholders may request an exclusion from additional\nduties of particular products classified within a tariff subheading covered by\nthe August 2019 action. This notice announces that USTR will open an electronic\nportal for submission of exclusion requests on October 31, 2019 for products\ncovered by Annex A of the August 2019 action, and sets out the specific\nprocedures for submitting requests.<\/p>\n\n\n

DATES:<\/strong><\/p>\n\n\n

October\n31, 2019 at noon EDT: The web portal for submitting exclusion requests –\nhttps:\/\/exclusions.USTR.gov – will open.<\/p>\n\n\n

January\n31, 2020 at 11:59 PM EDT: Last day for submitting exclusion requests. <\/p>\n\n\n

Responses\nto individual exclusion requests are due 14 days after USTR posts the request\non the online portal. Any replies to responses to an exclusion request are due\nthe later of 7 days after the close of the 14-day response period, or 7 days\nafter the posting of a response.<\/p>\n\n\n

ADDRESSES:<\/strong> You must\nsubmit all requests, responses to requests, and replies to responses through\nthe online portal: https:\/\/exclusions.ustr.gov.<\/p>\n\n\n

FOR FURTHER\nINFORMATION CONTACT:<\/strong> For questions about the product exclusion process, contact\nAssistant General Counsels Philip Butler or Megan Grimball at (202) 395-5725.\nFor questions on customs classification or implementation of additional duties,\ncontact traderemedy@cbp.dhs.gov.<\/p>\n\n\n

SUPPLEMENTARY\nINFORMATION:<\/strong><\/p>\n\n\n

A. August\n2019 Action<\/strong><\/p>\n\n\n

For\nbackground on the proceedings in this investigation, please see the prior\nnotices issued in the investigation, including 82 FR 40213 (August 24, 2017),\n83 FR<\/p>\n\n\n

14906\n(April 6, 2018), and 84 FR 22564 (May 17, 2019).<\/p>\n\n\n

In a\nnotice published on August 20, 2019, the U.S. Trade Representative, at the\ndirection of the President, announced a determination to modify the action\nbeing taken in the Section 301 investigation by imposing an additional 10\npercent ad valorem duty on products of China with an annual aggregate trade\nvalue of approximately $300 billion. 84 FR 43304 (August 20, 2019). The August\n20 notice contains two separate lists of tariff subheadings, with two different\neffective dates. List 1, which is set out in Annex A of the August 20 notice,\nwas effective September 1, 2019. List 2, which is set out in Annex C of the\nAugust 20 notice, currently is scheduled to take effect on December 15, 2019.\nOn August 30, 2019, the U.S. Trade Representative, at the direction of the\nPresident, determined to modify the action being taken in the investigation by\nincreasing the rate of additional duty from 10 to 15 percent ad valorem on the\ngoods of China specified in Annex A and Annex C of the August 20 notice.<\/p>\n\n\n

B.\nProcedures to Request the Exclusion of Particular Products<\/strong><\/p>\n\n\n

USTR\ninvites interested persons, including trade associations, to submit requests\nfor exclusion from the additional duties for products covered by List 1 of the\nAugust 2019 action. As explained in more detail below, each request\nspecifically must identify a particular product, and provide supporting data\nand the rationale for the requested exclusion. USTR will evaluate each request\non a case-by-case basis, taking into account the asserted rationale for the\nexclusion, whether the exclusion would undermine the objective of the Section\n301 investigation, and whether the request defines the product with sufficient\nprecision. Any exclusion will be effective for one year, starting from the\nSeptember 1, 2019 effective date for Annex A of the August 20, 2019 notice.\nUSTR will periodically announce decisions on pending requests.<\/p>\n\n\n

To submit\nan exclusion request, requesters must first register on the portal at\nhttps:\/\/exclusions.ustr.gov. As noted above, the portal will open at noon EDT\non October 31, 2019. After registration, the requester can fill out and submit\none or more exclusion request forms.<\/p>\n\n\n

Fields on\nthe exclusion request form marked with an asterisk (*) are\nrequired fields. Fields with a green (Public)<\/strong> notation\nwill be publicly available. Fields with a gray (BCI) notation are for Business Confidential Information and the\ninformation entered will not be publicly available. Additionally, parties will\nbe able to upload documents and indicate whether the documents are BCI or\npublic. Requesters will be able to review the public version of their\nsubmission before the submission is posted.<\/p>\n\n\n

In order\nto facilitate preparation of requests prior to the October 31 opening of the\nweb portal, a facsimile of the exclusion request form to be used on the portal\nis attached as an annex to this notice. Please note that the color-coding of\npublic fields and BCI fields is not visible on the attached facsimile, but will\nbe apparent on the actual form used on the portal.<\/p>\n\n\n

Set out\nbelow is a summary of the information to be entered on the exclusion request\nform.<\/p>\n\n\n

Each\nrequester must provide contact information, including the full legal name of\nthe organization making the request, whether the requester is a third party\n(law firm, trade association, or customs broker) submitting on behalf of an\norganization or industry, and the primary point of contact (requester and\/or\nthird party submitter). The requester may report whether the requester\u2019s business\nsatisfies the Small Business Administration\u2019s size standards for a small\nbusiness, which are identified by North American Industry Classification\nSystems Codes and are found in 13 CFR 121.201.<\/p>\n\n\n

With\nregard to product identification, any request for exclusion must include the\nfollowing information:<\/p>\n\n\n