Back on May 28th, 2024, the Office of the US Trade Representative (USTR) announced it would develop a temporary exclusion process from Section 301 duties for specific types of machinery used in domestic manufacturing – those classified within a subheading under chapters 84 and 85 of the HTS. The USTR has now issued an announcement including initial details of that temporary exclusion request process. The process is planned to include three stages:
- The exclusion request
To include a 10-digit HTS code, product description, how it’s used in domestic manufacturing, whether it’s subject to countervailing or antidumping duties, an overview of the supply chain, and how it will be purchased (use of federal funding etc.) and other details - An objection to the exclusion request
To include reasoning for the objection, details of any locally available substitutes as applicable, supporting materials and other details - A rebuttal to the objection
To include reasons for rebuttal to the objection and other information
Third parties will also be able to support a requested exclusion and offer supporting materials and argumentation.
A date for the issuance of the final process will be communicated after the comment period has closed and received comments have been evaluated. You can find the announcement and formal comment submission instructions here. Comments should be made by September 16th, 2024.
