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ARTICLE · 04 APRIL 2022

USTR Reinstates 352 Exclusions From Section 301 Tariffs, With Retroactive Effect

Holland & Knight
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The reinstated exclusions will apply retroactively as of Oct. 12, 2021, and extend through Dec. 31, 2022.

United StatesInternational Law
Andrew McAllister
Andrew McAllister
Mackenzie A. Zales
Mackenzie A. Zales
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Highlights

  • The U.S. Trade Representative (USTR) announced on March 23, 2022, its decision to reinstate 352 product exclusions applicable to certain goods subject to Section 301 tariffs that had expired.
  • The reinstated exclusions will apply retroactively as of Oct. 12, 2021, and extend through Dec. 31, 2022.
  • Congress is debating whether to reinstate all expired Section 301 product exclusions.

The Office of the U.S. Trade Representative (USTR) reinstated 352 product exclusions applicable to certain Chinese-origin goods subject to Section 301 tariffs in a notice published on March 28, 2022. In so doing, USTR reinstated more than half of previously available exclusions, covering a range of manufactured, mechanical and consumer goods. 1 As noted in an earlier Holland & Knight alert, USTR weighed several factors in assessing whether to reinstate the exclusions, namely economic harm, impacts on small businesses, employment, manufacturing output,

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