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ARTICLE · 28 APRIL 2022

U.S. Trade Representative Issues New Section 301 Tariff Exclusion Reinstatement

Benesch, Friedlander, Coplan & Aronoff LLP
Benesch, Friedlander, Coplan & Aronoff LLP
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The tariff exclusions have a different retroactive reach for non-liquidated goods and liquidated goods.

United StatesInternational Law

Valuable tariff relief is now available for goods imported to the U.S. from China. On March 23, 2022 the U.S. Trade Representative ("USTR") published Federal Register Notice 87 FR 17380 retroactively reinstating certain U.S. Section 301 tariff exclusions on goods from China pursuant to the U.S. Trade Act of 1974 (19 USC 2411). The exclusions apply to a sweeping range of products including chemicals, machinery, electrical equipment, plastics, motors and automotive products, textiles, furniture, pumps, bicycles, and myriad other consumer goods. A full list of the exclusions can be found in the Annex to the Federal Register Notice. Though broad in scope, the reinstated exclusions are a small subset of the 549 in place since 2018.

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