Tariff Exclusion Process
On May 21, 2019, the Office of the U.S. Trade Representative (USTR) published the draft tariff exclusion request form in the Federal Register (FR). The 5/21/2019 FR notice was a request for OMB review and clearance (for the use of the process and form) by June 20, 2019. The proposed form is attached (“Section 301 Product Exclusion Request Form.pdf”). A number of our members have requested that NAPIM request tariff exclusions from the USTR for ink-related raw materials potentially affected by the List 3 substances. NAPIM is compiling a list of materials from its members to include on the exclusion request and will submit the requests on behalf of the industry (upon OMB clearance of the exclusion form/process). If there are materials that you would like to request tariff exclusions for please provide: The name of the material and HTSUS item (this can be found on “List 3.pdf” below) • Certification that there are no supply sources other than China for the material NAPIM will compile a listing, complete the other data requirements and submit to the USTR. Please contact George Fuchs at the NAPIM office. if you have any questions or comments.
Importation tariffs on Chinese goods (printing ink input raw materials) are continuing to have a significant impact on the printing ink industry. The Office of the U.S. Trade Representative provides a mechanism for requesting exclusion(s) from the tariffs for individual materials.
Following is information related to the exclusion process: The deadline for exclusion requests for List 1 substances expired on Oct. 9th, 2018. List 2 substances that are still available/open for exclusion requests. As you will note below USTR has not put a process in place yet for exclusion requests for List 3 substances. Description of the exclusion application process.
Information required:
- Identification of the particular product in terms of the physical characteristics (e.g., dimensions, material composition, or other characteristics) that distinguish it from five other products within the covered eight-digit subheading.
- The 10-digit subheading of the HTSUS is most applicable to the particular product requested for exclusion.
- Requestors must provide the annual quantity and value of the Chinese-origin product that the requestor purchased in each of the last three years
- Whether the particular product is available only from China. In addressing this factor, requestors should address specifically whether the particular product and/or a comparable product is available from sources in the United States and/or in third countries.
- Whether the imposition of additional duties on the particular product would cause severe economic harm to the requestor or other U.S. interests.
- Whether the particular product is strategically important or related to “Made in China 2025” or other Chinese industrial programs.