Market Letters

Laufer Group International CHB Market Update – Week 41, 2021

Portal Opens to Request Renewal of Expired Section 301 Exclusions

On October 12th, the USTR (United States Trade Representative) opened a portal for the trade community to submit comments on whether a group of around 550 expired exclusions should be reinstated. Submitted comments have specific requirements including information on the importer’s business activity, revenue, etc., and should also include the commenter’s argument for the exclusion to be reactivated.

The list of previous exclusions eligible for potential reinstatement is not exhaustive, and there is no word at this time if there will be an opportunity to make comments about exclusions which are not included in this grouping.

The exclusions will be evaluated and approved for reactivation on a case-by-case basis. If approved, the exclusion will become effective retroactively to October 12th, the day the comment portal opened. This will leave many importers with a gap where Section 301 duties were paid on goods which were imported after the exclusion initially expired (many on December 31, 2020), to the October 12th date. At this time, there is no recourse to recoup duties paid during that period.

The comment portal is open now through December 1, 2021. Importers can visit the website and submit comments on their own or work with their Customs Broker or Trade Lawyer for assistance.

Importers interested in having Laufer Group assist them in drafting a comment should email Ashley Coxey, National Director of Business Development, Customs Brokerage or call direct at 602.463.2738