trade exclusions – Coronavirus (COVID-19)

March 31, 2020September 1, 2020 by Duane Morris

USTR Offers New Section 301 Exclusions for COVID-19 Medical Products

Since our previous two Alerts, on March 13 and 20, describing actions taken in recent weeks by the U.S. Trade Representative (USTR) to exclude numerous medical products imported from China from Section 301 tariffs, the USTR has announced it will accept new Section 301 exclusion requests relating to other products that can be used in the battle against the coronavirus (COVID-19). Such exclusion requests can be submitted for any product that can be used to address the COVID-19 pandemic that has not yet been granted by the USTR, including products with previously denied or currently pending exclusion requests, as well as for products for which requests have not been filed.

To read the full text of this Duane Morris Alert, please visit the firm website.

March 20, 2020 by Duane Morris

USTR Grants Additional Section 301 Exclusions for Medical Products Due to COVID-19

The U.S. Trade Representative has announced expanded product exclusions following both the spread of COVID-19 and the trade deal signed with China in January 2020.

Both sets of exclusions are retroactive, and refunds may be sought for products previously imported within specific time periods. U.S. Customs and Border Protection has stated that “[t]o request a refund of Section 301 duties paid on previous imports, importers may file a Post Summary Correction (PSC) if within the PSC filing timeframe. If the entry is beyond the PSC filing timeframe,” but within 180 days of the liquidation action, “importers may protest the liquidation.”

To read the full text of this Duane Morris Alert, please visit the firm website.

March 13, 2020September 1, 2020 by Duane Morris

In Wake of Coronavirus (COVID-19), USTR Implements New Section 301 Exclusions for Certain Medical Products

As concerns surrounding coronavirus (COVID-19) escalate, U.S. trade policy is aligning with the country’s medical needs. On March 10, 2020, the United States Trade Representative (USTR) announced new Section 301 exclusions for certain kinds of Chinese-origin medical products. Although the USTR previously levied Section 301 duties as high as 15 percent against these products, the announced exclusions exempt them from Section 301 duties until September 1, 2020. Significantly, the new exclusions are retroactive in nature so that entities can seek refunds of the Section 301 duties that they have paid on the excluded products dating back to September 1, 2019. Assuming the USTR continues prior procedures, it is expected that the importing community will be allowed to submit written comments to support extensions of the exclusions.

To read the full text of this Duane Morris Alert, please visit the firm website.