The US Trade Representative (USTR) has opened a window of opportunity for importers to request temporary exclusions on specific machinery used in domestic manufacturing that is imported from China. Importers have from October 15, 2024, to March 31, 2025, to submit requests.
Key Requirements for Requests
- Provide a 10-digit HTSUS number and a detailed product description.
- Explain why the product should be excluded from tariffs.
- Check if the equipment is subject to US Department of Commerce (DOC) orders of antidumping and countervailing duties.
- Confirm the equipment’s intended use, manufacturing sector, and domestic application.
- Provide documents for federal investment programs like the Inflation Reduction Act (IRA), CHIPS and Science Act, Build America Buy America (BABA), and Rural Energy for America Program (REAP).
- Determine if comparable equipment is available from the United States (US) or third-country sources and document sourcing attempts.
- Disclose past purchases from US or third-country sources within five years and explain why the equipment is no longer available.
- Assess ties to “Made in China 2025” or similar Chinese industrial initiatives.
The USTR will review each request on a case-by-case basis, considering factors such as the rationale for exclusion, potential impact on the Section 301 investigation, and precise product definition.
Process Timeframe
- Submit requests: October 15, 2024 – March 31, 2025
- Responses due: 30 days after request posting on USTR’s portal
- Reply to responses: 15 days after the response posting date
- Exclusion period: Publication date in Federal Register (FR) to May 31, 2025
Navigating the tariff exclusion process can be complex. Contact our experts today for personalized guidance and support to ensure your requests are timely, accurate, and effective.