On October 15, 2024, the Office of the United States Trade Representative (USTR) announced that it has opened a process for interested parties to request that certain machinery from China be temporarily excluded from Section 301 duties in the “Investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation”. Upon concluding its statutorily-mandated four-year review of the China Section 301 tariffs, President Joseph Biden directed the USTR to establish a product exclusion process for machinery from China used in domestic manufacturing and to prioritize exclusions for certain solar manufacturing equipment from China. See Thompson Hine Update of September 16, 2024. Consistent with the President’s direction, the current product exclusion process covers particular machinery from China used in domestic manufacturing classified within a subheading under Chapters 84 and 85 of the Harmonized Tariff Schedule of the United States (HTSUS). A list of eligible subheadings at Appendix E of the September 18, 2024 USTR Federal Register notice appears here.
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