On Thursday, September 5 at 2:00 P.M. EDT, TGA will hold a webinar on the U.S. Government’s exclusion process (details, web portal, letter to USTR, webinar recording) from Tranche 3 tariffs, including the 25% tariffs on U.S. imports of travel goods from China. (Register for the webinar here) If an exclusion is granted on a certain product, any U.S. import of that product is eligible for refunds of all punitive tariffs paid since September 2018 and is excluded from paying punitive tariffs for one year after the exclusion is granted. As of August 21, a total of 9,128 exclusion petitions have been filed for Tranche 3, of which 25 companies filed a combined 118 petitions requesting exclusions for certain travel goods.
Once a petition is live on the portal, the public has 14 days to file a response to the petition. For example, for petitions filed on August 20, the response period closes September 3. Note that any exclusion granted applies to not just the petitioner but to ALL U.S. importers who meet both the HTS number and the product description in the exclusion petition. TGA strongly encourages interested companies to file their own petitions and/or support existing petitions by filing responses in SUPPORT of petitions. The deadline to file petitions is September 30.
As of today, the Office of the U.S. Trade Representative (USTR) has granted exclusions for 15 petitions (none in the travel goods space) and denied 94 petitions, including 12 travel goods petitions. None of the denied travel goods petitions had responses in support of the petition. Regrettably, 6 petitions were denied even though there was no opposition. Further, many were denied not because there was U.S. production but because of production in another third country, which appears to undermine the stated purpose of the exclusion process. Please contact TGA’s Nate Herman (firstname.lastname@example.org) if you have questions or would like additional information.