On December 29, 2023, the United States Trade Representative issued Federal Register Notice (FR 88 90225), Extension of Exclusions and Request for Comments: China’s Acts, Policies and Practices Related to Technology Transfer, Intellectual Property and Innovation. The FR Notice indicated that the USTR determined to extend 352 previously reinstated exclusions and 77 COVID related exclusions for five months, through May 31, 2024. However, it is important to note that the recently extended exclusions won’t be added to ACE until January 4, 2024. This means that importers may need to submit a post-summary correction to obtain refunds if imported merchandise qualifies for an exclusion and is brought in between January 1st and January 4th.

The FR Notice also announced that the USTR is opening a docket for public comments on whether to further extend these particular exclusions. More specifically, the public docket will open for interested parties to submit comments starting on January 22, 2024. The deadline to submit a comment is February 21, 2024. Comments can only be submitted to extend one of the 352 previously reinstated exclusions or 77 COVID related, and not exclusions that are no longer valid.

Braumiller Law Group, PLLC has assisted clients over the past five years in submitting Section 301 comments and extension requests. Our team understands the different nuances that should be included in a request to give the commentor the best chance of success. If you would like our assistance in preparing and submitting a Section 301 comment, please email us at [email protected].