Client Alerts & Insights
30 Days Remain to File Section 301 Tariff (List 3) Exclusion Requests
August 30, 2019
Authored By:
Thirty days remain to file exclusion requests for List 3 of the Section 301 tariffs on products imported from China. The official deadline for electronic submission of exclusion requests is September 30, 2019.
The U.S. Trade Representative announced List 3 on September 21, 2018. This third list imposed additional duties on approximately $200 Billion worth of goods imported from China. The exclusion process was finally announced on June 24, 2019. Any exclusion which is granted will be effective from the date on which the tariff was initiated and will last for one year. A copy of that announcement is available here.
Those interested in filing an exclusion must provide certain economic, sourcing, and commercial impact data prior to the September 30 deadline. This development of historic data may require some lead time, because it is often the most time consuming activity in preparing exclusion requests. The request will also provide well-reasoned arguments principally based on: (1) availability of the product outside of China; (2) sourcing activities outside of China; (3) the actual or potential negative economic impact of an increased duties; and (4) the strategic importance of the product from technological and national security perspectives. Any person may provide public response to an exclusion request within fourteen days, to which a reply may be posted within seven days.
The Benesch team assists clients with global supply chain management matters including sourcing strategies, tariff mitigation including exclusions, and import compliance.
Jonathan Todd is a Partner with the Firm’s Transportation & Logistics Practice. He is a licensed U.S. Customs Broker in addition to an attorney and holds an MBA in Supply Chain Management. You may reach him at 216-363-4658 or jtodd@beneschlaw.com.
Latest News
U.S. Trade Fraud Task Force Surpasses $1 Billion in Recoveries, Signaling Heightened Customs Enforcement
The Department of Justice (DOJ) announced a new inter-agency Trade Fraud Task Force (“Task Force”), designed to “aggressively pursue enforcement actions against any parties who seek to evade tariffs and other duties” and those who attempt to import prohibited goods following the DOJ’s identification of trade and customs fraud as a priority for prosecution.
Major Shift in Federal Labor Board’s Position on Restrictive Covenants
Non-compete agreements are no longer considered presumptively illegal under federal labor law. On June 26, 2026, the National Labor Relations Board (NLRB) released advice memoranda signaling this dramatic change in how the federal government views non-compete agreements in the workplace. This is welcome news for employers who use non-competes and similar restrictive covenants to protect their businesses.
Course of Performance as Contract Amendment or Waiver: When Business Practices Overrides Paper Terms
Imagine you are a leading manufacturing company, and you purchase a critical widget from a supplier. You have a carefully negotiated contract in place—one that spells out specific pricing, delivery timelines, and product specifications for those widgets.
California AG’s Carbon Health Settlement Raises the Stakes for MSO-PC Structures and Continuity Planning in California
The California Attorney General’s June 2026 settlement with Carbon Health marks the first-of-its kind resolution of an enforcement action directly targeting an MSO-PC structure under California’s corporate practice of medicine (“CPOM”) doctrine.